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DUNES CITY COUNCIL MINUTES 1. Call To Order Mayor Sheldon Meyer began the meeting at 7 PM. PRESENT: Acting Mayor Sheldon Meyer; Councilors, John Scott, Peter
Howison,
Judy Martin, Della Robinson and Robert Petersdorf. 2. Public Hearings A. Woahink Ridge Estates - Planned Unit Development (PUD 01-05) and Zone Change (ZON 01-05), Tax Map 19-12-11-40, Lot 1400, - 20.3 acres. Meyer notified the audience of their legal rights. Meyer explained how testimony would be taken and the hearing procedure. Meyer asked the Council if there were any conflicts of interest. There were none. Meyer asked the Council if there were any ex parte contact. Petersdorf said the Road Commission visited the site to walk the road. Meyer asked for discovery of facts. There were none. Meyer opened the Public Hearing at 7:07 PM. The Staff Report and Findings of Fact (see Exhibit A) were presented by Hilary Dearborn. Dearborn said there was an agreement between the developer and Cocciolo for the construction of a fence on the western side of the PUD that will provide separation. Dearborn said private open space is indicated on the map; however, there is no approval from Siuslaw Valley Fire and Rescue for the curve radius as identified by the Road Commission. Meyer asked for comments from the applicant. Rob Ward, 5541 Huckleberry Lane, Florence, OR 97439 Ward showed the perimeter of the map pointing to open space area. Ward said he will get a more specific letter from the Fire Chief concerning the curve radius. Ward said the Comprehensive Plan identified the property as slight to moderate for septic systems (page 86), no geological restrictions (page 81), with a suitability level for the development of properties of two (on the scale, one being more suitable and four being less suitable). Ward said the Comprehensive Plan makes a number of references to one acre density for PUD's and ground water pollution have not been identified in the Dunes City area (page 48). Ward said that Dunes City relies on Lane County Sanitation for the approval and management of septic systems per OAR 340710130(1), from which Ward read. Darnielle said that the City would want to be shown septic feasibility. Councilor Petersdorf asked Ward about the concern of neighbor Ken Carter had of a property being land-locked. Ward said they are putting fences where there is less than five feet of common area between the lot line and the exterior boundary of the property, but elsewhere, there is ample common area to protect the external area. Ward showed an easement on the southern end of the property. Ward has contacted Lane County to inquire about having a strip of county land dedicated to the City. Ward said they have no intention of impacting the wetland, since if they did do some fill, they would have to obtain a permit from the Division of State Lands. Councilor Howison asked about the wetland overflow and the storm water management plan. Ward said they are required by State law that they cannot create run-off that exceeds natural historic levels. Ward said their engineer will design the storm water system so that the run-off does not exceed historic flows. Howison asked if they will have a plan to minimize the nutrients. Ward said they are not required to do that. Ward said the Comprehensive Plan talks about the bio-swale effect and the healthy effect the wetlands do have on protecting the lakes. Ward said they are 1000 feet from the lake. Council Scott asked if the wetland is a low spot. Ward said yes, and that it was probably created when the road was put in. Meyer asked for proponents. There were none. Meyer asked for opponents. Arlan Smith, 5455 Little Woahink Drive, Florence, OR 97439 Smith said he wanted to go on record of supporting the Pointe at Summerbell subdivision all the way, but Woahink Ridge PUD has no run-off plan and the City is taking the word from the developer about what might happen or what might not happen. Smith referenced the work being done on Little Woahink Drive and said that it gives him no clue for a solution for run-off. Smith said he is against the proposal. Bill Robinson, 5441 Little Woahink Drive, Florence OR 97439 Robinson asked the Mayor to read the conditions that Cocciolo had agreed to in order to get his property fenced. Robinson went on to say that Cocciolo was barred from that night's meeting and could not speak against the development. Robinson said the developers bought Cocciolo's silence for a fence. Robinson said the meetings were started in September and have continued the meeting to November. Robinson said the Codes used in September were outdated, updated in October, and a new Code in November. Robinson agreed with Smith, that the drainage system seen at Little Woahink Lake is absurd, where a grading plan was never permitted and the road plan was an ill advised plan that is now polluting Little Woahink Lake. Robinson said if his property value goes down, the Council is going to pay. Barbara Riesenhuber, 5394 Canary Road, Florence, OR 97439 Riesenhuber read a statement prepared by Holly Martin, attorney for the Wasserbergs residing at 84606 East Lake Drive, Florence, OR 97439. (See Exhibit B.) Karen Peck, 5400 Huckleberry Lane, Florence, OR 97439 Peck said Dunes City is unique in that residents live on a reservoir where people draw their water supply. Peck listed her questions: · Would the Council consider if proper notice was given to all property
owners who would be impacted by road, run-off and water quality? Peck said the zoning change will adversely affect water quality. Peck read a letter from John Stead into the record (see Exhibit C). Mark Chandler, 4934 Lakeshore Drive, Florence, OR 97439 Chandler read from a document from the Oregon Department of State Lands Wetland Program: "Under Statewide Planning Goals 5 and 17, cities must conduct an LWI and wetland function and condition assessment, and then identify locally significant wetlands (LSW). DSL adopted rules for how LSWs are identified, using information from the LWI. A protection program is then adopted by the local government to further guide the management of LSWs." (See Exhibit E) Chandler asked if the City has done the wetland function and condition assessment and the protection program. Chandler read from the Source Water Assessment Report for the Alderwood subdivision and provided a map of the Alderwood's Source Water Assessment Results showing sensitive areas (see highlighted area of Exhibit F). Chandler expressed his concern of the accumulative effects from the developments that degrade the drinking water. Greg Barnes, 05425 Canary Road, Florence, OR 97439 Barnes said he knows the developers and they do a good job, but the higher density will have a negative impact on the people that put the Council in office. Wayne O'Toole, 5461 Little Woahink Drive, Florence, OR 97439 O'Toole said that Dunes City, during the previous years, has been doing business as usual with a development here and a development there. O'Toole questions whether the Council is representing contractors or the people of Dunes City. O'Toole pointed out the number of people turning out for the meetings and asked the Council if they are really listening to the people they represent. Ralph Farnsworth, 83837 Hwy 101, PO Box 2647, Florence OR 97439 Farnsworth said he is not strongly opposed to the subdivisions, but he was also not for them. Farnsworth presented comments to the City Council (see Exhibit F). Farnsworth cautioned the Council regarding investigation by the EPA. John Stead, 83505 South Cove Road, Florence, OR 97439 Stead read comments into the record for both Woahink Ridge PUD and Sunset Ridge Subdivision (see Exhibit G). Stead requested that the record be left open for ten working days for further comments. Del Riesenhuber, 5394 Canary Road, Florence, OR 97439 Riesenhuber said he had approximately 20 minutes in documents to present, but in the interest of time he would reference all the issues that have previously been raised that night by other speakers. Riesenhuber said he would provide documents to be included into the record (see Exhibit G). Bill Robinson, 5441 Little Woahink Drive, Florence OR 97439 Robinson had an additional question regarding landscape plans and why they were not brought up by the City. Darnielle answered saying that a discussion of landscape and architectural plans was brought up before the Planning Commission. Darnielle said that during the process, the Planning Commission chose not to view a PUD as a development with architectural designs for houses that were for a more holistic planning development. Meyer asked for final argument by the applicant. Rob Ward Ward said he reserves the right to address comments that will be provided after the Public Hearing. Darnielle said that the record will remain open for seven days, allowing written rebuttal from the applicant. Darnielle said you can limit the comments to specifics, but if not, the comment period would end with the seven day period. Councilor Robinson commented that PUDs are PUDs, and the Planning Commission decided this was not a PUD…but it can't be both. It has to be all of one thing or all of another thing. Darnielle said the Council has to make its own determination, but the Council should wait until deliberations to make that decision. ACTION: P. Howison made a motion to hold the record open for seven days for any comments, with the applicant submitting a written rebuttal to those comments. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. The meeting recessed at 9:30 PM and reconvened at 9:37 PM. Rebuttal by Ward: Ward read from the Comprehensive Plan, page 13, Section H3: "Dunes City shall allow orderly residential development through the use of the PUD to cluster housing and protect areas with open space or natural values." Ward said this proposal protects a wetland and provides open space that, although was logged by a prior landowner, is going to be allowed to grow back into natural vegetation and protect five to six acres from tree removal. Ward referenced the Comprehensive Plan, page 14, Section H7: "In future land divisions and developments, individual lots shall contain a minimum of one acre and in the case of Planned Unit Developments, the density shall not exceed one unit per acre. Existing parcels may be developed if DEQ regulations and city ordinances are met." Ward said this PUD has 19 lots on 20 acres. Ward addressed the comments concerning storm water run-off saying that they will meet the standards of DEQ and also there is another permit required before construction for erosion control approved by the State. The storm water design will be reviewed by the City Engineer. Ward said the comments on the outdated Codes did not make any sense, since
Dunes City only has one Code on the books. Ward addressed the comments by Holly
Martin referencing the comments by Mike Farthing. Farthing's comments were
general in nature that were going to be supported by documentation, but were
never provided. Ward addressed the comments on the trees: the property was
logged in the last four years, except for lots 12 and 13, which, as referenced
in the application, would be the among the trees that would be removed as danger
trees or removed for the construction of a home. Prior to beginning the project,
Ward checked with the Oregon Department of Forestry to make sure the property
was in compliance with the reforestation act, which it was. Ward said the
natural vegetation is coming back. Ward said Dunes City Code does allow for a
single-family residential type of PUD. Ward said Dunes City modeled the PUD
after other cities that do not have the one acre requirement and it is those
high density PUDs that require architectural drawings for multi-residential
housing. Ward said the PUDs in Florence that he has been involved in such as
Florentine, Klahanee, Ocean Links Golf Course are single-family housing where
the lots were developed with architectural standards that are general in nature.
Ward said that when you have a single-family PUD development that allows for
individual property homeowners, you typically don't have an architectural design
for each lot. Ward said that the common areas are being maintained as natural
areas and he did not see the benefit of a landscape architect. Ward said the
Comprehensive Plan has identified the area as more desirable as opposed to less
desirable for development and the on-site septic systems for this area is more
suitable opposed to less suitable. Meyer closed the Public Hearing at 8:50 PM. Meyer said Council deliberations will occur at the December City Council Meeting. B. Sunset Ridge - Subdivision (SUB-03-05); Tax Map 19-12-24-00, Lots 212 and 432, 6 lot subdivision on approximately 10 acres. Meyer notified the audience of their legal rights. Meyer explained how testimony would be taken and the hearing procedure. Meyer asked the Council if there were any conflicts of interest. There were none. Meyer asked the Council if there were any ex parte contact. Petersdorf said the Road Commission and Planning Commission visited the site with Don Wolford. Howison said he has seen the property twice; once during the Fisher horse issue a couple of years ago and once the day before when he went up to the house and talked to a man living in the house, but did not discuss the subdivision. Meyer asked for discovery of facts. There were none. Meyer opened the Public Hearing at 8:55 PM. Hilary Dearborn presented the Staff Report and Findings of Fact (see Exhibit I). Councilor Petersdorf said that the Road Commission made some recommendations for the subdivision, some that were addressed in the conditions, except for one: where the two drainages go down to Erhart Road, drill under Erhart and install a culvert to avoid water backing up. Dearborn said that Condition 10 specifying that a storm water plan be provided by an engineer is meant for Erhart Road. Councilor Scott asked about the cul-de-sac at the end of Maple Drive being 92-feet in diameter. Dearborn said it will either be a cul-de-sac or hammerhead. Petersdorf said the Road Commission specified a cul-de-sac, because it will take quite a bit for a fire truck to get turned around. Petersdorf said that the place for the cul-de-sac is fairly level. Howison said that drainage would enter into Woahink and Siltcoos Lakes and he would like to see a requirement that the water at the top of the property be of the same nutrient level as at the bottom of the property. Martin commented that the Planning Commission required that the road extension of Maple Drive be a width of 22-feet, but wondered if that width could be lowered to minimize the run-off. Dearborn said that once you grant a 30-foot easement, it is not a subdivision. The road must meet the subdivision requirements; however, the applicant may apply for a modification to reduce the pavement width. Scott said it might be wise to include a 20-foot easement for the entire drainage. Dearborn said Condition 14 addresses the drainages by preventing soil erosion. Meyer asked for comments from the applicant. Don Wolford, 87180 Munsel Lake Road, Florence OR 97439 Wolford is the agent for the Tonapah Retirement Trust, Mark Harrison, Trustee. Wolford said that he met with the owner on Saturday who agreed that the conditions are acceptable. Wolford explained the process for a subdivision and stated that the conditions must be met before the subdivision can be filed with Lane County. Wolford said he was concerned with Condition 8 dealing with proof of water availability. Wolford contacted Dearborn and Darnielle who directed Wolford to provide them with well logs for properties located within nine square miles of the subdivision. Wolford said in regards to septic feasibility, lots four, five and six are fairly steep, lot three has an existing drainfield, and lots one and two are reasonably flat for drainage. Wolford said Casey Jones has been issued a permit to install septic systems that do not require a drainfield. The system (approved by DEQ) is a totally self contained system (6' x 12' box) and the effluent that comes out of the system is drinkable water. Wolford said that type of system will be used for lots four, five, and six. Wolford said that any recorded legal easement that shows up on the title policies must be shown on the recorded plat or the County will not process the request. Howison asked about the drainages. Wolford said the drainages are vegetated. Howison asked Wolford if measuring nutrients from the top of properties to the bottom of properties have ever been required for any of his projects. Wolford answered no. Petersdorf corrected Howison about the property draining into both Woahink and Siltcoos Lakes. Petersdorf said there is no way any of the water would enter Woahink Lake. Meyer asked for proponents. There were none. Meyer asked for opponents. Bill Robinson, 5441 Little Woahink Drive, Florence OR 97439 Robinson said that the Planning Commission is not doing its job by allowing all the conditions. Robinson said the applicant and the Planning Commission should have brought the City Council a completed package. Robinson asked Petersdorf if the roads being put in are up to Code, since Petersdorf said at the October meeting that there is not one road in Dunes City that is up to Code. Petersdorf said the City accepted the roads as is back in 1963, and over the years some of the roads have been upgraded, but about 50% of City roads are not up to Code. Robinson argued that Petersdorf said that the Fire Marshal has a right to deny occupancy of a house if State Fire Codes are not met, and that puts the burden back on the City for approving a cul-de-sac that is over 150 feet long. Robert Quant, 83573 Erhart Road, Florence, OR 97439 Quant said all his comments relate to the effects on his property and his drainage easement. Quant explained the drainage culvert on Erhart Road and his time spent with Petersdorf to get the culvert to function. Quant said the culvert will have to be reinforced and modified to handle the extra run-off created by the subdivision. Quant is concerned that lot four will erode his property as it puts a burden on his property to handle the additional run-off. Quant said the suitability level for the property is a three & four on a scale of one to four, four being the least suitable. Quant expressed a concerned about the steepness of lots four, five and six, plus the effects of the logging, and he would want an engineering geologist to look at the entire subdivision, not just individual lots. Quant said Condition 10 does not address the run-off on his property, and Conditions 14, 15 and 16 take into account his drainage, but is not nailed down enough to proceed. Quant commented on the new septic system boxes mentioned by Wolford by saying he had done some research and found out there are two types of box system; an open bottom and a closed bottom. The open bottom would require 135' of drainfield. Quant was told his soils could not use the closed bottom system. Quant talked to well drilling companies and found out that finding good water is very hit and miss. Quant asked if Condition 8 had been met for the tentative plan approval. Dearborn said the well logs satisfied Condition 8. Darnielle said it is up to the City Council to determine if the well log is sufficient proof of water availability. Quant asked that if the conditions are met, would there be a chance to for an additional review process? Darnielle explained that an engineer could come out and give testimony to the problems and identify a number of options. The engineer would not be giving a final design plan, but would show that it is feasible to meet a condition. Quant cited 155.087 of the Code that "Where slopes exceed 16%, the City may require the report of an engineering geologist before land may be subdivided." and "No land subject to landslides shall be subdivided." Quant commented that the financial burden created by the subdivision should not fall to the responsibility of the affected neighboring landowners. Mrs. Quant commented that previous logging debris was pushed into the drainage. Quant said the area is still recovering from logging and he will be the major recipient of a slide, and he hopes he is not home when it occurs. Petersdorf commented on the Quant drainage. Mark Chandler, 4934 Lakeshore Drive, Florence, OR 97439 Chandler referred the Council back to the comments Chandler made from the Alderwood Source Water Assessment Report (Exhibit E). Chandler made reference to Quant comments about the property being the lowest rated suitability criteria and referred to the Staff Report's reference to all or part of the site being rated severe or unsuitable for sub-surface sewage treatment systems. Chandler referenced Oregon Lakes Association newsletter (see Exhibit J) stating: "The lake is generally considered one of the highest quality lakes on the Oregon coast. Because of the high water clarity, the lake was recently designated as the first fresh water dive park in Oregon. Although still a high quality lake, activities in the watershed threaten Woahink. In recognition of the value and unique characteristics of the lake, Woahink was identified by the US Congress as a priority for action in the Estuaries and Clean Water Act of 2000…." Chandler said locally we have to make water quality a priority and protect this unique lake. Chandler said that Dunes City is not ready for development on this scale and asked that the application for this development be denied. Arlan Smith, 5455 Little Woahink Drive, Florence, OR 97439 Smith said that DEQ does not monitor for storm water run-off and that the City and citizens need to do the monitoring. Smith suggested banning all clearcuts in the Dunes City limits. Petersdorf responded that a couple of years ago, the City tried to pass a Tree Ordinance and not one person stood up to pass the ordinance. John Stead, 83505 South Cove Road, Florence, OR 97439 Stead stated that the Comprehensive Plan said the City shall install ordinance restrictions regarding logging and Dunes City did not do it. Councilor Martin said that logging in Dunes City is under the jurisdiction of the Oregon Department of Forestry and the logging is in compliance with their practices. Stead said the City has not tried. Petersdorf said the Planning Commission worked on a Tree Ordinance for three years, and 50 people in the audience stood in opposition of that ordinance. Stead argued that it was the result of the lack of competency of Dunes City to communicate to a CCI group. Petersdorf said John Carlson and John Anderson (CCI) worked very hard on the ordinance. Stead said the City needs to make sure the wells are not hydraulically connected to the surface water or lake, because if they do, those wells fall under the same restrictions that the people who get water out of the lake (see Exhibit K). Del Riesenhuber, 5394 Canary Road, Florence, OR 97439 Riesenhuber cited 155.046 saying that the application should not even be in front of the Council that night. Riesenhuber suggested denying the application. Cara Hogervorst, 5650 Alderwood Court, Florence, OR 97439 Hogervorst said she was the only one to testify against the property owners when those owners were going to put horses to pasture on the property. Hogervorst has been walking Erhart Road for eight years and observing the property. There is a lot of the property that is steep. The property has three drainages. There is no culvert on the second drainage and there is seepage under the road. Hogervorst said that the effluent from the horse barn went into the drainage and into Siltcoos Lake and it was surface and subsurface water that blew out Erhart Road a couple of years ago. Hogervorst said there should be adequate protection of the stream; would 20 feet be enough? She did not know. Hogervorst said that the road speed limit is 20 mph, but people drive much faster. There is no visibility at the south driveway that is located on a curve in the road. Hogervorst is opposed to the subdivision due to drainage, slope and traffic. Barbara Riesenhuber, 5394 Canary Road, Florence, OR 97439 On behalf of Holly Martin, Riesenhuber asked that the record be held open as previously requested. Riesenhuber commented that the application is grossly incomplete. Bill Robinson, 5441 Little Woahink Drive, Florence, OR 97439 Robinson suggested approaching the University of Oregon landscape architect students to do a class project to do a large map of Dunes City identifying soils suitable to take septic, watershed destination, and slope inventory. Robinson said it would probably be free, but he would pay for any additional expenses. Karen Peck, 5400 Huckleberry Lane, Florence, OR 97439 Peck wanted to know if property legal notice was given to affected landowners, if the DEQ had been involved beforehand, and stated that she did not think that the Council had enough information to make a decision. Peck suggested that the Council look at the property. Meyer asked the applicant for final arguments. Don Wolford: Wolford said that the developer has followed the process as is currently set up with the City Planner and Planning Commission. Wolford said it is the City's job to put the burden on the developer to meet the conditions that are set forth. ACTION: B. Petersdorf made a motion to leave the record open for comments for Sunset Ridge Subdivision for seven days and give the applicant an additional seven days to respond. J. Scott seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. The Council requested additional information in order to make a decision. There was discussions about having the applicant extend the 120 day period in order for the applicant to gather the information needed by the Council to make a decision; otherwise, the Council would deny the request. The information required by the Council before they make a decision are: · A hydrologist's report to address the run-off control (drainage issues)
for slide protection. Wolford will request in writing that the record remain open until the March City Council Meeting. Darnielle said the public will need the opportunity to review the information requested. Wolford will have the information by late January. Wolford said it is the burden of the developer to meet the conditions of the Council, so that the Council could approve the subdivision that night with additional conditions. Darnielle said the Council has to decide if the subdivision is feasible before approving the subdivision with conditions. Meyer closed the public hearing at 10:58 PM. 3. Reports ACTION: B. Petersdorf made a motion to give $50 holiday gift certificates to the four employees. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. 4. Adjournment APPROVED BY:
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