· Discussion regarding code audit with planning consultant,
Larry Lewis
Mr. Lewis explained his background and experience in the field of
planning.
Mr. Lewis stated the City received a small grant to assist with a
code audit and explained some specific areas he wishes to discuss.
Mr. Lewis stated he wants to briefly touch on items he's identified
in his memo and to get the commission thinking about specifics they wish
to take place.
Mr. Lewis stated the Ordinance is in a different format than he's
used to however he did recognize the format and it does follow the DLCD
model development code for small cities. Mr. Lewis said there is no
reason to completely restructure the format.
Mr. Lewis spoke of code amendments regarding the Land Use Districts,
Design Standards, Applications and Review Procedures, Exceptions to Code
Standards, and the process for amending the Zoning and Development Code.
Mr. Lewis stated in regards to amending the zoning and development
code that it is a legislative procedure and initially they need to come
up with draft amendments. Mr. Lewis then gave direction on procedures.
Chairman Bellemore asked if a CCI (concerned citizens) committee
needs to be appointed.
Mr. Lewis said the CCI is required however the way that this is dealt
with is the Planning Commission actually acts as the CCI because the CCI
as a separate body comes and goes. By following the proper public
hearing procedure the City satisfies those rules.
Chairman Bellemore clarified that the City Council appoints the
Planning Commission act as CCI.
Chairman Bellemore asked if the commission has any questions for Mr.
Lewis
Commissioner Miller asked how they should go about doing this as it
is huge.
Chairman Bellemore said as he understands the problem with
incorporating the comprehensive plan into the city code is you must show
exactly how the elements of the comprehensive plan apply to each part of
the city code. Chairman Bellemore stated that codes need to be specific.
Mr. Lewis said one thing he can do is go through and identify all the
items that are already in the code.
Chairman Bellemore asked if Mr. Lewis has been authorized by the
mayor to do this.
Mr. Lewis said that this was supposed to be a quick process but it
has not turned out that way.
Chairman Bellemore said one thing the city would like to do is raise
the standards while at the same time making it useable enough for the
contractors and developers.
Mr. Lewis said when he represented developers, one thing he found was
one city had very high and restrictive standards but they were clear.
The developers liked those because they knew exactly what they could and
could not do. Mr. Lewis said on the other hand there was another city
that wasn't as clear for the developers.
Chairman Bellemore said there are too many cases of meeting the
criteria becoming a negotiating session.
Mr. Lewis said you can't take all discretion out of the code but at
the same time it needs to be tightened up.
Commissioner Smith said for this to get off the ground properly the
city needs the funding and stressed the importance of being clear.
Chairman Bellemore said the city needs to be careful with what they
do because it's a long process. Chairman Bellemore stressed the
importance of getting this done correctly and he would like it to be
done within the next 2 years. Chairman Bellemore suggested they each
come back with 5 amendments or changes they feel are important.
The commission discussed how to approach the assignment of code
revision.
· Shoreline vegetation / tree removal request for Kerrigan
property 19-12-15-40-02500
Chairman Bellemore stated because there is a possibility of a tie as
he understands the state open meetings law and the quasi-judicial
procedure laws he can vote in the event of a tie but he cannot
participate in the deliberation. Chairman Bellemore said he can only
answer questions.
Commissioner Miller said a tree leaning out over the lake doesn't
present a danger to anything other than possibly a dock and asked if
there was a dock involved.
Chairman Bellemore said the dock is not in danger. Chairman Bellemore
then corrected himself stating the tree could hit the dock but it would
have to fall sideways. Chairman Bellemore said their concern is
legitimate.
Commissioner Miller thought the recommendation sounded reasonable.
Commissioner Miller said she hasn't been on the site but she agrees with
everything stated such as limbing.
Chairman Bellemore asked Fred Hilden to approach the commission to
ask as the spokesperson.
Fred Hilden 4776 Laurel Avenue Westlake, OR
Mr. Hilden stated that he and several committee members went on a
site review.
Mr. Hilden said the tree does have some risk of falling on the dock
however the lean is only 5-10 degrees which isn't substantial.
Mr. Hilden stated another important thing about this particular case
is all four of the trees are in the first 15 feet of the lake which is a
no cut zone and stated equitable application of the ordinances applies
to all of the people of Dunes City.
Commissioner Miller asked if there was only one tree at the moment
that's leaning.
Mr. Hilden explained the placement of the other trees.
Commissioner Miller questioned why take them out after they grow new
trees.
Mr. Hilden said problems with trees right at the lake shore is
because of the dirt washing from the root system. Mr. Hilden said
eventually the tree will come down through the natural course of things.
Commissioner Shearer stated if you take the trees out then it will
erode to the next trees. Why wouldn't they leave them if they aren't a
danger?
Fred Hilden said it is debatable if limbing the tree would take off
enough weight to prevent it from becoming a serious leaning issue.
Commissioner Shearer wondered what the wisdom would be on giving the
owners instructions on how to limb the trees as the city is not an
arborist.