Present: Chairman David
Bellemore, Vice-Chairman
Ken Platt, Commissioner Dennis Smith, Commissioner Marilyn Miller,
and Commissioner Eggert Madsen. Commissioner Shearer arrived at 6:56
PM.
Others Present: Planning Secretary Lisa
Ekelund, Planning Consultant Larry Lewis, and 3 members of the
community.
4. APPROVAL OF MINUTES
· Planning Commission Minutes of 02/26/09
Commissioner
Miller made the motion to accept
the Planning Commission Minutes of 02/26/09 as submitted and
Commissioner Platt seconded. The motion passed by unanimous vote of 4
ayes and 0 nays.
5. NEW BUSINESS
· Stormwater Ordinance Workshop
Chairman Bellemore spoke of the history relating to
the Stormwater Ordinance and Stormwater Manual. Chairman Bellemore
stated this is a simple ordinance and expressed the reasoning for
keeping the manual out of the ordinance. Chairman Bellemore asked Mayor
Hauptman who was present in the audience, if he would like to make a
comment.
Mayor Hauptman stated that the manual is a work in
progress. The Mayor said references irrelevant to the city would be
removed during the review process. Mayor Hauptman said he would like the
ordinance passed by June of 2009 and welcomed comments from the Planning
Commission.
Vice-Chairman, Ken Platt said when he reviewed the
Stormwater Manual, he noticed much of what it contained was focused
towards larger cities and Mayor Hauptman agreed while reiterating the
reasons for keeping the ordinance and the manual separate.
Commissioner Madsen stated that he sat in on some of
the discussions about Stormwater in the past couple of years and it
seems to break down to the most common denominator is sizing of the
storm water diversion system according to the rain event of a particular
period. Commissioner Madsen questioned if this particular item was ever
decided and if the city is requiring a particular event.
Mayor Hauptman stated that the Dyer Partnership is
going to recommend the event. The Mayor said The Dyer Partnership found
that in recent past the State has had rains that exceed the 100-year
event. Mayor Hauptman said the 100-year event is probably what the city
will use.
Commissioner Smith said he's never put in a
subdivision where they required a 100-year event. Commissioner Smith
questioned how the city would address discharge and retention.
The Mayor said the discussion and the thrust behind
the ordinance is to keep the water as much "on-site" as
possible.
Chairman Bellemore stated reasons for the importance
of the ordinance and having it done correctly the first time.
The Planning Commission and Mayor Hauptman continued
open discussion on the importance of the Stormwater Ordinance and the
Stormwater Manual.
Chairman Bellemore said the Commission needed to get
on track and stated they need to go through the ordinance, page by page.
Chairman Bellemore went through the pages, asking if any of the
Commissioners had comments or questions.
Page 3, 99.10 Need: Commissioner Miller stated
she liked (G) because it was very important.
Chairman Bellemore agreed with Commissioner Miller
and added that 99.10 (G) and 99.10 (L) go hand in hand.
Page 5, 99.20 Applicability: Chairman
Bellemore stated the applicability section is brief but it covers
everything needed. Chairman Bellemore stated there may be future issues
under (B, 3) and stated it could be dealt with in the exceptions section
of the ordinance.
Commissioner Miller stated under (B, 1) this also
applies to single units, not only developments. Commissioner Miller said
this area doesn't indicate individuals.
Chairman Bellemore said individuals are taken into
consideration during the permitting process depending on the permit
purchased.
Page 5, 99.25 Financial Liability: Chairman
Bellemore stated regarding (A) that he is strongly in favor of making
sure the projects are done right but this provision may keep small
contractors from being able to afford to perform the work. Commissioner
Bellemore asked planning consultant, Larry Lewis for his opinion.
Mr. Lewis said without (B) this could be a problem,
but with (B) it gives more room for financial flexibility. Mr. Lewis
said in his experience, (B) enables the smaller contractors to perform
work as well.
Chairman Bellemore asked again if this is workable
and Mr. Lewis said yes.
Commissioner Madsen asked if the city would require a
surety bond for an average small project, for example, a 50 cubic foot
drywell.
Mayor Hauptman stated there are exemptions listed in
the ordinance to address some of the concerns of Commissioner Madsen.
The Commission discussed different scenarios of
smaller projects that may require a surety bond.
Chairman Bellemore stated getting a surety bond on a
small project for an individual could be as simple as writing a check.
Commissioner Madsen said if this is the process, then
it seems reasonable however; there are many individuals who would see
this as an obstacle. Commissioner Madsen expressed is concern in that he
wants to protect the citizens.
Chairman Bellemore said he sees (B) as an out for
small projects as the homeowner could simply write a check.
Chairman Bellemore asked the Commission if they
wanted to add or change anything under Financial Liability and there was
no comment.
Page 5, 99.30 Exemptions: Chairman Bellemore
read section (B, 1) and section (B, 2). Chairman Bellemore said (B, 2)
seems similar to 99.30 (A) which also references construction less than
500 sq. ft. Chairman Bellemore asked Mr. Lewis for his comment.
Mr. Lewis said there is a little redundancy and he is
one who likes simple language.
Commissioner Madsen said the only difference is the
reference to a "12 month period" in (B, 2). Commissioner
Madsen said he believes (B, 2) should be removed after incorporating it
into 99.30 (A).
Commissioner Madsen made the motion that the Planning
Commission recommend including the words "within a 12 month
period" under 99.30 A and delete 99.30 B, 2. Commissioner Madsen
stated the Planning Commission shall recommend incorporating 99.30 B, 1
to remain as just one paragraph named B. Commissioner Miller seconded
the motion. The motion passed after unanimous vote of 4 ayes and 0 nays.
Page 5, 99.35 Illicit Discharges: Chairman
Bellemore read 99.35 Illicit Discharges. Chairman Bellemore stated
interior floor drains raised a red flag for him. Chairman Bellemore said
he plans to put a floor drain in his garage to drain off any water that
drips off of the car so the water doesn't sit on the floor. Chairman
Bellemore said it's easy to put in a French drain or a drywell to
collect the water. Chairman Bellemore stated under Illicit Discharges,
his floor drain might qualify if it specifically forbids interior floor
drains period.
Chairman Bellemore stated also in regards to car
washing and grey water systems, he wonders if this refers to normal
household car washing, or if it is intended to mean commercial car
washing systems. Chairman Bellemore said the word "systems"
could be the defining word and questioned if the city should eliminate
garage drains or washing the car in the driveway.
Mayor Hauptman said he's seen this in other
ordinances.
Commissioner Miller said she's seen situations where
people have cut off the connection between their septic tank and their
sink or shower and this is how she interprets this area.
Commissioner Madsen said the point is to not empty
grey water into a storm water run off facility such as a French drain.
Commissioner Madsen stated he believes a drain in a garage is an open
invitation to do the wrong thing.
Chairman Bellemore said he understands Commissioner
Madsen's point and asked Mr. Lewis if ditches are considered a storm
water drainage system because it drains storm water and it's a system of
trenches.
Mayor Hauptman stated the City has ditches that run
to low points but the city doesn’t have a storm sewer.
Chairman Bellemore said he is a little nervous about
taking references to public stormwater systems out of the Stormwater
draft manual because he thinks the city does have a system. Chairman
Bellemore said if the city takes it out, the city might be removing
something that they need.
Chairman Bellemore asked for Mr. Lewis' opinion on
the matter. Mr. Lewis said ditches within a public right-of-way are to
be considered a public drainage facility. Mr. Lewis said this may not be
considered a storm water system but certainly, the facility exists.
Page 6, 99.50 Stormwater Containment and
Destination Standards: Chairman Bellemore said this area looks like
a way to put some of the erosion control standards into the section.
Chairman Bellemore commented on (C, 2) stating developers do not like
strict standards such as this but he is in agreement with the standards.
The Planning Commission discussed different scenarios
of bare dirt, including bare dirt on slopes.
Commissioner Madsen stated he believed (C, 3) takes
care of the gardeners that are concerned. Commissioner Madsen said you
don't have to mulch the garden but you need to have some sort of
sediment barrier, or vegetative buffer along the lower side of the
garden.
Chairman Bellemore asked if there were any further
comments and there were none.
Page 8, 99.55 Pollution Reduction Standards:
Chairman Bellemore stated 99.55 (A) references (B, 1 and 3) yet there is
no (B, 1 and 3). Chairman Bellemore said they should mark it for
question and Commissioner Shearer says he believes it should be (C). Mr.
Lewis said they might be referencing 99.20. Commissioner Miller said it
needs to be cleared up.
Chairman Bellemore directed the planning secretary to
confirm 99.55 (A 1, 2, and 3) should be referenced to 99.20 instead of
99.50.
Chairman Bellemore directed the planning secretary to
change the draft when the correction is confirmed.
Page 8, 99.60 Flow Control Standards:
Commissioner Smith said this is a must to keep. Commissioner Smith said
where you fine-tune it is in the design criteria that the engineer wants
from the developer. Commissioner Smith said this usually fits in place
when the developer is discharging off site back into adjacent lands.
Commissioner Smith said the intent is to not increase what the area sees
and the only way to prevent it is through flow control systems.
Page 11, 99.85 Stop Work Order: Chairman
Bellemore suggested to add the term "or City Planning
Official" after "The Health and Safety Inspector" which
would empower the City if the Inspector is unavailable.
Commissioner Miller made the motion to recommend
adding "or City Planning Official" after "The Health and
Safety Inspector" in 99.85 and Commissioner Smith seconded. The
motion passed after unanimous vote of 5 ayes and 0 nays.
Page 12, 99.90 Civil Penalty: Chairman
Bellemore stated he noted in (A) under amount of penalty that the
minimum penalty is $500 per day and the maximum penalty is $2,500 per
day. Chairman Bellemore said for a developer, the penalties are not too
severe yet for a private landowner who does something wrong, this may be
bad. Chairman Bellemore said other than the amount, it looks good.
The Planning Commissioners discussed different
scenarios and expressed concern over the fines and the lack of leeway.
Commissioner Madsen said he believes this is
straightforward because if a person gets a stop work order and they keep
working, they will be fined a minimum of $500 per day. Commissioner
Madsen said if the person gets a stop work order and stops working,
there would be no fine.
Commissioner Platt made the motion to recommend the
city council change 99.90 to state "recommended minimum penalty
shall be $500" and Commissioner Shearer seconded the motion. The
motion failed after vote of 2 ayes 3 nays.
Page 13, 99.100 Exceptions: Commissioner
Bellemore stated he liked the term "may grant exceptions"
because it doesn't say they have to.
Page 13, 99.115 Duration of Exception:
Chairman Bellemore posed the question of what if a person asks for an
exception to do something different that is going to be a permanent part
of a development. Chairman Bellemore questioned if the developer would
need to go back and ask for the exception every two years.
Commissioner Miller suggested instead of using
"two years, unless granted for a shorter period", change it to
"exceptions granted shall be valid subject to a specified time
period where applicable."
Mr. Lewis agreed that most of the exceptions are
going to be permanent. Mr. Lewis stated he believes it is intended to
mean you need to construct the approved exception within two years.
Commissioner Miller made the motion to recommend the
city council amend 99.115 to state, "exceptions granted shall be
valid subject to a specified time period where applicable".
Commissioner Smith seconded the motion.
Mr. Lewis stated the code now states that variances
shall automatically be revoked if not exercised within one year of the
date of approval and suggested changing the paragraph in this similar
way.
Chairman Bellemore directed the planning secretary to
come back with a better explanation of 99.115.
Commissioner Platt made the motion to table the
motion made by Commissioner Miller. Commissioner Smith seconded the
motion to table. The motion passed after unanimous vote of 5 ayes and 0
nays.
Page 14, 99.125 Adjustment Review - Approval
Criteria: Chairman Bellemore stated under (A 1, 2, 3, 4) it says
that you can basically have an exception to the code. Chairman Bellemore
pointed out that (1, 2, 3, 4) each note 500 square feet but he
understood 500 square feet as exempt no matter what. Chairman Bellemore
said he believes this to be redundant language again.
Commissioner Miller agreed with the Chairman.
Commissioner Bellemore asked if Mr. Lewis could
explain whether or not this needs to be included.
Mr. Lewis agreed that it was repetitive as 500 square
feet was exempt earlier.
Commissioner Miller stated the last part that states
"and" "limited access to the area would prevent regular
maintenance of the pollution reduction facility" and questioned if
this would be all that should be left in (4).
Chairman Bellemore said the problem is if you took
out "500 square feet", then you just said that if there is
limited access to anything, it's exempt from the terms of the ordinance,
which opens up an assortment of problems. Chairman Bellemore said he
doesn't have a problem with the item itself as he can see where there
might be some circumstances where you would need to exempt them from
certain things, but there needs to be some kind of square footage in
there and 500 square feet is redundant.
Chairman Bellemore said in (A) it starts "the
requirement in Chapter DCC 99.55 A 1 through 3". Chairman Bellemore
said Commissioner Shearer pointed out that this may be another place
where 99.55 was the one that referred to 99.50 1 though 3 and the
commission discussed it should probably be 99.20 1 though 3. Chairman
Bellemore said this is another place where the verbiage should be
changed.
Chairman Miller said (B) is ok and Chairman Bellemore
agreed.
Chairman Bellemore directed the planning secretary
research why it states 500 square feet and if it's good verbiage.
Page 15, 99.130 Stormwater Management Manual:
Chairman Bellemore stated this has been discussed already as to why the
city should keep the Stormwater management manual separate.
Page 16, 99.135 Definitions: Commissioner
Shearer said under the term development it includes buildings, other
structures, parking, loading areas, landscaping, paved or graveled
areas, grading and areas. Commissioner Shearer said if your development
at full build out can't exceed 500 square feet as mentioned in 99.30,
you might as well get rid of that part because everything is going to
have to have this. Commissioner Shearer stated you can't even get a road
into your place with less than 500 square feet and that's part of your
full development. Commissioner Shearer said going back to 99.30 (A)
Exemptions, for the 500 square feet, any construction or development at
full build out of the development that is less than 500 square feet is
exempted but under the definition of development, it includes
landscaping, paved or graveled areas, grading and areas and such.
Commissioner Shearer said he doesn't believe anything will ever be
accepted.
Chairman Bellemore said he understand what
Commissioner Shearer is stating is that a person doing little jobs over
a course of time would add up to over 500 square feet.
Commissioner Shearer said no, this states full build
out.
Chairman Bellemore said this is a term that usually
applies more towards somebody doing subdivisions and such. Chairman
Bellemore said full build out means when all the lots have been built
on.
Commissioner Bellemore questioned the term
landscaping as development by itself.
Commissioner Bellemore asked Mr. Lewis for guidance.
Mr. Lewis said this is the exact same definition that
is in the development code but this doesn't get back to the issue at
hand. Mr. Lewis suggested removing the term "at full build
out" from 99.30 (A).
Commissioner Shearer made the motion to delete
"at full build out of the development" from 99.30 (A) and
Commissioner Miller seconded. The motion passed by unanimous vote of 5
ayes 0 nays.
Chairman Bellemore directed the planning secretary to
summarize the recommendations for ease of review by council and submit
them along with the minutes.
SUMMARY OF RECOMMENDATIONS:
1. 99.30: Paragraph A shall include the words "within a 12 month
period".
2. 99.30: Paragraph B 2 shall be deleted.
3. 99.30: Paragraph B shall incorporate (merge into) 99.30 B 1.
4. 99.85: Add "or City Planning Official" after "The
Health and Safety Inspector".
5. 99.30: Paragraph A, delete "at full build out
of the development".
6. OLD BUSINESS
· Discussion regarding ordinances and codes
with planning consultant, Larry Lewis
Commissioner Bellemore asked the Planning Commission
if they had any suggestions for Mr. Lewis.
Commissioner Shearer said one thing that always
bothered him was the regulation of how may sinks or kitchens a person
can have.
The planning secretary stated that this issue does
come up occasionally.
Mr. Lewis said he's had lengthy discussion about this
with the Lincoln County Building Official and the way it was explained
to him is a single-family dwelling is defined as a dwelling with living,
sleeping, sanitation, and kitchen facilities. Mr. Lewis said everyone
has these facilities whether it's one bathroom or five bathrooms so it
comes down to the kitchen. Mr. Lewis said it's ok to have two sinks, two
refrigerators, or two microwaves so what it narrows down to is the range
or the stove and that 220 outlet. Mr. Lewis said he's been told a person
can't have that second stove because that makes up a complete dwelling.
Commissioner Miller said this is true because very
often that turns into a rental regardless of it's individual purpose and
then you do have two households.
Commissioner Shearer said there are many houses that
do have two stoves.
Chairman Bellemore said he thinks this may be one of
the most commonly violated laws in the city and it does come back to if
enough people violate a law then you don't have a law any longer so you
may as well get rid of it. Chairman Bellemore said periodically you need
to bring up an issue to see if it's still valid. Chairman Bellemore said
maybe the people in Dunes City want to do away with the one household
per lot law. Chairman Bellemore said he believes the citizens wouldn't
want this changed so the issue is enforcement.
Commissioner Shearer asked what the purpose of the
law is and Commissioner Miller said it comes down to septic.
Commissioner Miller said a person should be able to
put a grandmother guesthouse on their property.
Mr. Lewis said this issue came up a few years ago in
Yachats. Mr. Lewis said there was a group of people who wanted the
accessory dwelling or "mother-in-law" units to be approved in
the R-1 zone. Mr. Lewis said they drafted up the proposed language and
they went through the public hearing process and it was shot down.
Chairman Bellemore asked Commissioner Shearer if
Commissioner Shearer wanted to send this topic to council as a possible
amendment of the one house per acre.
Commissioner Shearer said no, not one house per acre,
but rather more than one kitchen per dwelling unit.
Lisa Ekelund, the planning secretary raised the
option of drafting a hardship application, which would be renewable. Ms.
Ekelund included that with this application, the issue of septic could
be addressed by requiring extra pumping outside of the normal
requirements.
Commissioner Shearer said perhaps the ordinance for
pumping should be dependant on the number of people. Commissioner
Shearer gave the example of needed pumping for one person as opposed to
eight people.
Commissioner Madsen made the motion that if you have
a household of 4 people you have to have your septic tank pumped every 5
years, if you are a sole occupant then you only need to have your septic
tank pumped every 10 years. Commissioner Miller seconded the motion
stating maybe 20 years.
Chairman Bellemore said he would start the discussion
by saying he knows one of the councilors already intends to bring up
this point. Chairman Bellemore said he/she wants to bring up the issue
that the number of people in the household should have an effect on when
it's pumped. Chairman Bellemore said his objection is this puts the city
into the position of having to do a census and see who is living in the
house. Chairman Bellemore said this is a good point and he agrees with
it in theory but the application may be difficult.
Commissioner Shearer said there is a loose connection
between a stove and septic.
Commissioner Miller stated they hadn't voted on the
motion and Commissioner Madsen said it was just a suggestion.
Chairman Bellemore said this meeting isn't too formal
as they are discussing what they might want to take to the council.
Commissioner Madsen said the city should look into
secondary dwelling units. Commissioner Madsen said there are situations
where additional family members have no place to go and questioned if
they should go to the public or does the city make way for families to
take care of each other.
Commissioner Madsen withdrew his motion and
Commissioner Miller withdrew her second.
Chairman Bellemore said the septic ordinance didn't
actually start off to be a pumping ordinance; it started off to be an
inspection ordinance. Chairman Bellemore said it was originally written
every 5 years you had your septic system inspected or pumped, the idea
being that when it was inspected, if it needed pumping then you would
have it pumped but if it didn't need pumping then all you had to do was
pay for the inspection. Chairman Bellemore said the septic ordinance was
intended to prevent broken, failing, polluting septic systems and the
problem is, to inspect the tank, it needs to be pumped which was an
unintended consequence.
Chairman Bellemore said there are places in the code
where they have a law but if you want to get an exception, go ahead.
Chairman Bellemore said the way the codes are written, it's hard for the
city to deny anybody anything and he would like to see that language
tightened up.
Commissioner Smith said there are holes in the design
requirements that are required by developers and the preliminary level.
Chairman Bellemore requested Commissioner Smith write
his detailed ideas down for the Planning Commissions review and
Commissioner Smith agreed to do so. Chairman Bellemore said he was
looking forward to reading Commissioner Smiths ideas.
Commissioner Miller suggested the city require
business licenses for contractors and for businesses in the city.
Commissioner Miller said she believed there would be more compliance if
there were a license to protect. Commissioner Miller said in her
experience, there have been contractors for example, who build a fence
where it shouldn’t be, the city would fine the contractor, and the
contractor sees that as just a cost of doing business. Commissioner
Miller said some people have cleared land down to the lake, they were
fined and it was just the cost of doing business. Commissioner Miller
said some contractors don't care.
Commissioner Shearer said if you took their license
away then they couldn't do business in the city.
Commissioner Miller suggested every building
contractor be required to have a business license and gave the example
of work done on Ocean Blvd.
Chairman Bellemore said this wouldn't be a way to
make revenue, but rather, it would be a way to ensure business is
conducted appropriately.
7. PUBLIC COMMENT