.

Dunes City Planning Commission

M I N U T E S  REGULAR SESSION – April 30, 2009 – 6:00 p.m.

print file

City Hall – 82877 Spruce Street 97493

 

1. CALL TO ORDER

The regular meeting of the Dunes City Planning Commission was called to order at 6:08 p.m. by Planning Chairman, David Bellemore.

2. PLEDGE OF ALLEGIANCE

The Planning Chairman, Planning Commissioners, Dunes City Staff, and Citizens present joined in the Pledge of Allegiance.

3. ROLL CALL

Roll call was taken by Lisa Ekelund

Present: Chairman David Bellemore, Vice-Chairman Ken Platt, Commissioner Marilyn Miller, and Commissioner Ron Shearer.

Absent: Commissioner Dennis Smith (excused) and Commissioner Eggert Madsen (excused).

Others Present: Planning Secretary Lisa Ekelund, Road Commission Chairman Robert Quandt, and 15 citizens of Dunes City.

4. APPROVAL OF MINUTES

Planning Commission Minutes of 03/26/2009

Commissioner Miller stated on pg. 10, last paragraph, 1st sentence, the word "building" should be changed to "business".

Commissioner Shearer made the motion to accept the Planning Commission Minutes of 03/26/09 as corrected by Commissioner Miller and Commissioner Platt seconded. The motion passed by unanimous vote of 3 ayes and 0 nays.

5. NEW BUSINESS

Lot Line Adjustment Conditional Use Permit 0901

Chairman Bellemore stated they would have a public hearing on a lot line adjustment, conditional use permit for property owners William and Kay Harris. Chairman Bellemore said the property address is 5205 Hilltop Dr. and 83369 Osprey Way. Chairman Bellemore said the Map/Tax Lot numbers are 19-12-26-21-02500 and 19-12-26-21-02800.

Chairman Bellemore opened the public hearing and asked if the Planning Official had a report on the application.

Lisa Ekelund said the only report she submitted was from the pre-application conference which outlined the requirements for the permit. Lisa Ekelund said the planning commission has all the documentation from the application before them. Lisa Ekelund stated she believes the request is reasonable as it doesn't harm or improve anything and it is a simple lot line adjustment.

Chairman Bellemore said he could read through several pages of applicability but they are stated in the report. Chairman Bellemore stated the Comprehensive Plan policies that apply are A5, A9, A10, A16, A17, C1, C4, E1, E2, E4, E8, E10, E11, F4, F5, F12, H1, H5, H6, and H7. Chairman Bellemore said the ordinance provisions that apply are 155.2.1.130.2 the transfer of property between adjacent parcels, 155.4.3.210 the transfer of property, 155.4.4.1 the purpose, summarizing briefly that there are certain uses that due to the nature of their impact on the surrounding land uses, a public facilities require a case by case review and analysis. Chairman Bellemore said this is what they are doing here. Chairman Bellemore said approvals process, 155.4.4.2 applies as does 155.4.4.3 application submission requirements, 155.4.4.4 criteria standards, and conditions of approval list the criteria necessary for a conditional use permit. Chairman Bellemore said 155.4.4.5 additional development standards for conditional use types also apply. Chairman Bellemore explained the documents submitted by the applicant including a letter from Rob Ward stating that he is acting as the property owners' agent.

Chairman Bellemore said this is a public hearing, there will be testimony by the applicants and also comments by any members of the public who would like to speak in favor of or opposed to the proposal.

Chairman Bellemore said the record may be kept open for up to seven days at the request of anyone who wishes to do so. Chairman Bellemore said anyone who fails to raise an issue regarding these criteria for the conditions of the application, will not be able to use anything that was not raised here in an appeal.

Comments of the applicants:

Rob Ward 83580 Sauter Drive & Kathleen Harris 83369 Osprey Way

Mr. Rob Ward said part of 155.4.3.2.1 is the section of code that deals with a nonconforming lot contributing part of its property to a conforming lot and it specifies that this is handled through the conditional use process.

Chairman Bellemore asked the Commissioners if anyone has any conflicts of interest and all Commissioners said no.

Chairman Bellemore asked if the Commissioners had any bias or ex-parte contacts and all Commissioners said no.

Mr. Ward said the code provision he spoke of was put in with the understanding that the City contained nonconforming lots before the City was a Municipality. Mr. Ward said the short version of the standard that they have to meet is when they do a lot line adjustment; they have to make sure that after the adjustment, they are not creating a non-conforming situation. Mr. Ward said a non-conforming situation would be if they moved the line in such a way, it creates a setback violation as an example. Mr. Ward said on the map, it demonstrates the location of the septic systems and drain field's. Mr. Ward said they are not shifting the lot line that is putting parcel A's septic system onto parcel B. Mr. Ward said the area is served by Siltcoos Heights Water System. Mr. Ward pointed out that there is ample room for a replacement drain field on each lot. Mr. Ward said no new parcels are being created. Mr. Ward said code through the conditional use process allows this.

Chairman Bellemore asked if there was anyone from the public who would like to speak in favor of the application.

Les Zemlicka 83358 Osprey Way

Mr. Zemlicka said he lives across the street from the Harris's. Mr. Zemlicka said the property line adjustment isn't going to create problems for either parcel. Mr. Zemlicka said this just gives them a little more space to the south.

Chairman Bellemore asked if there was anyone else who would like to speak in favor of the application and there was no comment.

Chairman Bellemore asked if there was anyone from the public who would like to speak opposed to the application and there was no comment.

Mr. Ward said they had no rebuttal.

The public hearing closed at 6:25 p.m.

Commissioner Miller said the only thing she questioned was that they are taking a non-conforming lot and increasing it's non-conformity however, because of the Tsiltcoos Heights Subdivision, everything is small and this would make this lot no smaller than most of them so she doesn't find anything wrong with it.

Commissioner Platt made a motion to accept the conditional use permit and Commissioner Shearer seconded the motion. The motion passed after unanimous vote of 3 ayes and 0 nays.

· Stormwater Draft Ordinance No. 201

Chairman Bellemore stated this second public hearing of the Planning Commission session of April 30th is on a Stormwater Ordinance Draft which has been proposed for the City to consider as adoption as a Stormwater Ordinance. Chairman Bellemore said this public hearing is to allow comment and evidence to be presented for the public record on the draft of the Stormwater and Pollution Control Ordinance which will be considered by the Planning Commissioners before the Planning Commission makes its recommendation to the Dunes City Council for its consideration. Chairman Bellemore said a previous draft of this proposed ordinance was considered by the previous Dunes City Planning Commission which recommended some changes. Chairman Bellemore said there have been a few changes made and the new draft is again being brought forward for public comment. Chairman Bellemore said there may be further changes as a result of the public comment because the City wants to get this ordinance right. Chairman Bellemore said in order to insure orderly and smart growth that will preserve and protect the wonderful quality and value of the properties and the life we enjoy here in Dunes City. Chairman Bellemore said the best stormwater management system on earth is a dense, unbroken forest, once the forest is opened up for homes and other human development, mitigation measures or best management practices must be used to control stormwater runoff to prevent damage from rushing waters and pollution. Chairman Bellemore said this is the intent of this ordinance, to protect our homes and living environment and our drinking water supply. Chairman Bellemore said they want input from Dunes City residents as well as engineers and experts because the City really wants to get this right.

Chairman Bellemore asked the Commissioners if anyone has any conflicts of interest and all Commissioners said no.

Chairman Bellemore asked if the Commissioners had any bias or ex-parte contacts and all Commissioners except Chairman Bellemore said no.

Chairman Bellemore said his only ex-parte contact was that he was involved in the development of this Ordinance starting four years ago. Chairman Bellemore said he withdrew from the Committee that was working on it when he was elected to Council and he has had nothing to do with it since, and the Ordinance before the Commission now is very different from anything he saw when he was working on the Committee. Chairman Bellemore said he has had discussions with the Mayor, Rob Quandt, the City's engineering firm, and e-mails with David Allen (the City attorney). Chairman Bellemore said he has had some contact but this was mainly to make sure it proceeds through the process of being brought before the public and the City Council. Chairman Bellemore said although he had worked on this, he has no particular investment in this Ordinance as written and his only interest is in serving the City. Chairman Bellemore said the only bias he has is that he would like to see some sort of Stormwater Ordinance passed.

Chairman Bellemore asked if any members of the audience would like to challenge any of the Commissioners on their potential for impartiality or lack there of and there was no comment.

Chairman Bellemore said the Road Commission met and have made a recommendation that will be presented to the City Council. Chairman Bellemore said Road Chairman Robert Quandt will present this report to the Planning Commission tonight and after his report there will be public testimony, then deliberation.

Chairman Bellemore opened the public hearing at 6:34 p.m.

Road Commission Chairman Rob Quandt read his report that will be submitted to the City Council. The Road Commission report addressed several items to include conflicting provisions, un-funded mandates which include uncontrollable cascading budget requirements, unclear requirements, missing components required for application of the Ordinance, and overall structural deficiencies.

Chairman Bellemore thanked Chairman Quandt for his report. Chairman Bellemore said he would like to open the testimony to the public.

Rob Ward 83580 Sauter Drive

Mr. Ward stated he has brought his statement in writing. Mr. Ward said he believes for clarity, the Ordinance needs to be the Ordinance and explained the current situation where the Ordinance references the manual. Mr. Ward said the Ordinance can potentially bring home construction to a standstill between October and May. Mr. Ward said he is concerned about the implementation of the Ordinance as it's going to take someone with a lot of expertise. Mr. Ward said he is concerned about the financial implications and he really doesn't think the City could rely on a volunteer with the kind of background that is required. Mr. Ward said they live in a rural area and they all have the same concerns and it would be nice to come up with some simple applications that would be easy to manage. Mr. Ward said he is not opposed to a Stormwater Ordinance but as it's presented now, it doesn't really work for the City.

Gordon Robertson 83623 Jensen Lane

Mr. Robertson said he is impressed with the Road Commission report. Mr. Robertson said there's no clear definition of what you have to do. Mr. Robertson said the Ordinance doesn't explain if permits are required and there are no objective measurements of what a person has to do. Mr. Robertson said the manual is unworkable and too complicated. Mr. Robertson read 99.05 G and said it doesn't make sense. Mr. Robertson said existing properties should state "owners" of existing properties. Mr. Robertson said there is no definition for developer. Mr. Robertson said 500 sq. ft. has been covered it should be much greater. Mr. Robertson Read 99.20 B, and said it means adjacent properties are the responsibility of the developer to do stormwater management and he thinks financial liability 99.25 is ridiculous and should be thrown out as there are other enforcement activities such as fines. Mr. Robertson said under the development definition, all improvements on sight should state all man made changes instead of improvements.

Dick Anderson 83435 HWY 101

Mr. Anderson said the 500 sq. ft. thing has been mentioned over and over and if there has to be a square foot then wouldn't it make sense to have it be a percentage of a property. Mr. Anderson said they've been fighting this for a long time and he's glad to hear others particularly the Road Commission and their work. Mr. Anderson said the Ordinance is unworkable and designed for large cities. Mr. Anderson said the worst erosion in the City is on the lake by the cliffs that are sloughing off but anything beyond that is insignificant and the City would benefit by reworking it.

Adrian Vanderhave 82713 Myrtlewood Lane

Mr. Vanderhave said he is new to town. Mr. Vanderhave said the previous speakers are 2 professionals and clearly stated the ideas of many. Mr. Vanderhave said he supports the input of the Road Commission. Mr. Vanderhave said this document is worthless, too long, and should be put in the waste basket. Mr. Vanderhave gave an explanation of his filtering system. Mr. Vanderhave said the City needs to make this Ordinance simple, understandable, and especially workable for the professionals. Mr. Vanderhave said he wants no over guidance.

John Stead 83505 South Cove Way

Mr. Stead said when he moved to Dunes City he was interested in the quality of the water in the lake. Mr. Stead said he was impressed with the City's stewardship efforts in maintaining the quality of the water in the lake. Mr. Stead said tonight they have been focusing on benefits but something not being considered is Honeyman State Park. Mr. Stead said there are water skiers, fisherman, swimmers, and beach users. Mr. Stead said they have over 1.5 million visitors that come to the area. Mr. Stead said the visitors bring money, they spend money here, and they are a great benefit to the businesses in Florence. Mr. Stead said we have major responsibilities but the State of Oregon makes it clear in their policy of the State that waters of the public shall not be polluted. Mr. Stead said Dunes City takes this responsibility very seriously and he doesn't see the State Park as active in this regard as they might. Mr. Stead said the Ordinance is a work in progress and it's been going on for 4 years. Mr. Stead said as a result, we have all learned a great deal about what an Ordinance should look like. Mr. Stead said this Ordinance continues to evolve and he hopes the citizens' input will make it possible for the City to have a workable Ordinance. Mr. Stead commended the Road Commission's efforts and that the comments he has heard are encouraging.

Bill Meyer 84216 Wright Road

Mr. Meyer said he hasn't read the draft of the Ordinance but did get the Public Notice. Mr. Meyer said he was concerned just by the Notice and that he wants to speak of property rights issues. Mr. Meyer said he has a place on the lake and 3 semi developed tax lots that perhaps one day he or his kids will build on. Mr. Meyer said he pays his property taxes and when he does build, he doesn't want to have to do it with a monumental cost. Mr. Meyer said the Ordinance should be targeted specifically to the measure and not be so broad that it effects his right to use his property in a reasonable manner at a reasonable cost. Mr. Meyer said he walks his dog and his wife kayaks and neither of them see issues of runoff. Mr. Meyer said he realizes it could be chemical which is another issue but don't try to fix a problem that doesn't exist and if one does exist, make sure it's targeted correctly. Mr. Meyer said he is making sure that if they are going to address an issue, they need to target it with no overkill, no bureaucracy, and no needless expenses.

William "Fuzzy" Gates 06565 Canary Rd.

Mr. Gates said he wants to support the concept of a Stormwater Plan. Mr. Gates said his opinion about the Ordinance is that it's not perfect and it wouldn't hurt to make it better. Mr. Gates said he likes the concept of the Ordinance and the Manual as it refers to the Manual even thought the Manual is not perfect and difficult to deal with. Mr. Gates said he has worked with water in the lakes for over 30 years and that the manual needs to be a living document that can be changed and improved. Mr. Gates said one important point is when he was reading through the Manual, on page 114; the whole plan depends on the size of the storm you pick to base it on. Mr. Gates said the Manual bases this on a storm with 1.4 inch rainfall every 24 hours and said this is more closely related to perhaps a storm in Eastern Oregon (the high desert). Mr. Gates said Dunes City receives 5-6 inches up to 9 inches. Mr. Gates said he owns property on the Smith River and has seen a 25 foot rise. Mr. Gates said the City needs to stop the over land water flow of silt and soil as they carry phosphorus to the lake where anaerobic conditions are released into the lake. Mr. Gates said phosphorus is the reason for the algae blooms.

Chairman Bellemore closed the public testimony part of the hearing at 7:16 p.m.

Chairman Bellmore said the Planning Commissioners will now go into discussion.

Chairman Bellemore said he agrees with all members in the audience who praised the Road Commission. Chairman Bellemore said no one said the Ordinance is great and it's obvious everyone thinks it needs work.

Commissioner Miller asked if they should scrap it and if the City needs professionals.

Chairman Bellemore said there is no need to scrap it because if they make the changes, it will not appear to be the same document.

Commissioner Platt suggested a workshop to re-write the whole thing.

Chairman Bellemore said the Planning Commission doesn't re-write Ordinances, but they can make recommendations to the City Council. Chairman Bellemore said there are enough issues to have a work session that would allow them to go through all the testimony.

Commissioner Platt and Commissioner Miller agreed with Chairman Bellemore.

Chairman Bellemore said 500 square feet is ridiculous.

Commissioner Shearer said he doesn’t think he has the expertise to contribute to the Stormwater Manual.

Commissioner Miller agreed with Commissioner Shearer and said after 5 pages, she doesn't understand it and questions if it could be simplified.

Chairman Bellemore said we don't understand it as it is basically a text book for engineers. Chairman Bellemore said the way it's structured now, home owners will need to go to the manual or hire an engineer. Chairman Bellemore said erosion and stormwater are different and explained the difference between the two. Chairman Bellemore said erosion needs to be addressed immediately and stormwater has to do with run off of water and the pollutants it carries.

Chairman Bellemore agreed with Commissioner Shearer that it requires more expertise and his biggest issue is the 500 sq. ft.

Commissioner Shearer said it makes sense to start smaller and build on it instead of trying to tackle the Manual in its present state.

Chairman Bellemore said another possibility is a tiered system of requirements.

Commissioner Miller said they better set up a Building Committee made of people who have the expertise.

Chairman Bellemore said the Road Chairman should be on the Committee. Chairman Bellemore said they also need the expertise from Larry Lewis who is on contract with the City for planning and is very competent and understands coastal cities. Chairman Bellemore said perhaps a work session where the two are invited is in order.

Commissioner Shearer questioned if any other cities on the coast have done this sort of thing.

Chairman Bellemore said he doesn't know of coastal cities have but he does know of Curry County and said Larry Lewis would be able to tell us.

Commissioner Miller said it would be good to see comparable small towns and what they use.

Chairman Bellemore said the lack of a tax base means the City has to depend on volunteers, which makes us an unusual town. Chairman Bellemore again suggested they form a work session and propose to the Mayor to have a work session as the Mayor will need to approve expenditure of funds spent.

Commissioner Miller said or not spend money as we have incredible expertise that may be willing to volunteer and Chairman Bellemore agreed.

Commissioner Miller made the motion to form a Committee to work on the Stormwater Ordinance draft document. The motion was seconded by Commissioner Platt. The motion passed by vote of 3 ayes and 0 nays.

Chairman Bellemore questioned if they thought they should have two work sessions.

Chairman Bellemore expressed concern that this could be dragged on for another 4 years but he believes they are closing in.

Commissioner Miller questioned who with expertise has been working on this up to now.

Chairman Bellemore said he doesn’t know the composition of the Committee who was working on it in its origination.

Commissioner Shearer asked what the Planning Commission did in the past and if it has been changed.

Commissioner Miller said they need an engineer.

Commissioner Platt questioned if they could take what's been fed into the minutes right now, take an overlay, put it together, and then present it to professionals.

Chairman Bellemore said in regards to the formation of a Committee, he questioned if they should advertise for volunteers.

Commissioner Miller said they should not look for volunteers generically but rather, they want people who are experienced.

Chairman Bellemore said they could take applications, pick an engineer, a contractor, and a couple of homeowners with some qualifications.

Commissioner Miller said they could use Commissioner Smiths' engineering experience and asked if they should include Larry Lewis.

Chairman Bellemore said it would be a good idea after they check with the Mayor.

The Commission discussed the process and time frame for advertising and accepting applications.

The Planning Secretary asked the Commission for clarification of whether the advertisement in the newspaper is for a work session or if the advertisement is for applications to form a Committee.

Chairman Bellemore said both as they are going to advertise that they want applications, but they may as well include a date for the first work session.

Dick Anderson spoke from the audience and asked if the Planning Commission can form a Committee and advertise without the City Council's approval. Mr. Anderson said the Council is going to have a public hearing on this topic on 05/14/09.

Chairman Bellemore said he wasn't sure if the hearing is still on and he is sure the Planning Commission can invite people into a work session however, expenditures of money will have to go through the City. Chairman Bellemore said they are working to make a recommendation to the Council on this and their recommendation is probably going to involve a pretty serious re-write of the Ordinance.

Mr. Anderson said May 14th has already been advertised and sent to the Dunes City property owners and he doesn't understand how the Planning Commission can change that.

Commissioner Shearer said they could just send a recommendation to the Council that this Ordinance is flawed and that they agree with the Road Commission evaluation.

Chairman Bellemore said if the Council is going to have a public hearing, the best that the Planning Commission can do at this point is to make a recommendation. Chairman Bellemore agreed with Commissioner Shearer in that they should recommend to the Council that they follow the recommendation of the Road Commission. Chairman Bellemore suggested the Planning Commission suspend this process to see what the City Council will do. Chairman Bellemore said there is a motion to form a Committee so they will need a motion to withdraw the motion.

Commissioner Miller made the motion to withdraw her motion to form a Committee to work on the Stormwater Ordinance draft document. Commissioner Platt seconded the motion. The motion passed after unanimous vote of 3 ayes and 0 nays.

Commissioner Shearer made the motion to send a recommendation to the City Council stating that the Planning Commission recognizes the Stormwater Ordinance draft document as flawed and the Planning Commission doesn't support it in it's present form, and that the Planning Commission recommends that the City Council follow the Road Commission's suggestions. Commissioner Miller seconded the motion. The motion passed after unanimous vote of 3 ayes and 0 nays.

Chairman Bellemore called for a 10 minute break at 7:50 p.m.

The meeting reconvened at 7:58 p.m.

6. STAFF REPORT

The Planning Secretary, Lisa Ekelund read her staff report stating in the past month she has been working on updating the draft Stormwater Ordinance Manual. Lisa Ekelund said along with this, she has spent much of her time as a back up to the City Recorder because the Administrative Assistant left her position. Lisa Ekelund said the City has hired Mr. Fred Hilden as the new Administrative Assistant and he is doing a wonderful job which allows her more time to focus on her position. Lisa Ekelund said she was just speaking with Mrs. Alta Taylor in regards to her possible annexation and that it was brought to Lisa's attention that to access Dunes City from Mrs. Taylor's property, a person would need to travel through a Class 1 Stream and a designated wetland. Lisa Ekelund said she will research this further. Lisa Ekelund explained the status of the dock owned by the Hart family and Commissioner Miller asked if everyone was happy with the outcome. Lisa Ekelund said yes, allowing the dock to remain is reasonable. Lisa Ekelund said the Planning Department has seen an increase in permitting along with their final inspections.

Chairman Bellemore said it sounds like the Planning Staff is doing excellent work, he's glad to hear that Mr. Hilden is working out as hopefully this will allow Lisa Ekelund more time to work on stuff dedicated to planning instead of having to do other jobs along with her regular position work.

7. ADJOURNMENT

There being no further business to come before the Planning Commission,

Commissioner Shearer made the motion to adjourn the meeting and Commissioner Miller seconded. The motion passed by unanimous vote of 3 ayes and 0 nays.

The meeting of the Dunes City Planning Commission adjourned at 8:05 p.m.

The next scheduled meeting of the Dunes City Planning Commission will be held on May 28, 2009 at 6:00 p.m.

The proceedings of the Dunes City Planning Commission meeting were recorded on tape, and are filed in the City Recorder's office. The complete agenda of this meeting is filed in the City Recorder's office. Upon approval by the Planning Commission, these minutes will be available online at http://dunescity.com/minutes.htm

 

Respectfully prepared by,

_________[signed]_____________________________

Lisa Ekelund

Planning Secretary

Approved by Planning Commission on the 27th day of August, 2009,

______[signed]_________________________________

David Bellemore

Planning Chairman