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DUNES CITY COUNCIL MINUTES 1. DUNES CITY COUNCIL, CALL TO ORDER AND ROLL CALL Acting Mayor Meyer called the meeting to order at 6:35 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Meyer led the Council and audience in the Pledge of Allegiance. 3. CONSENT AGENDA A. Approval of Minutes: November 10 and November 15, 2005 The Council requested that item C, Extension for Reedal Deadline, be removed from the Consent Agenda. Mayor Meyer placed the item under Old Business, Item C. ACTION: B. Petersdorf made a motion to approve the Consent Agenda, with Item
C removed. P. Howison seconded the motion. There were 5 ayes, 0 nays. Motion
carried. *Amount approved by Council; however, a bill of $300 from Ray Wells, Inc.
that was included the approved amount, was later found to be a duplicate invoice
of a previously paid Council approved bill from the September Bills of the
Session, reducing the total amount for this month to $19,641.32. 4. RECEIPTS OF THE SESSION The receipts for the period of November 11 to December 8, 2005 totaled $20,045.36. 5. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Committee Vacancies: Site Review Committee, and Budget Committee. 6. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS A. Renee McGuire, 83792 Cloud Nine Road, Florence OR 97439. McGuire was attempting to make comments towards The Pointe at Summerbell subdivision, but was stopped by Darnielle, since the comment period of the public hearing process was closed at the November 10th City Council meeting. 7. UNFINISHED/OLD BUSINESS A. Request for Proposals for Building Inspection Services Gordon Robertson, 83623 Jensen Lane, Florence, OR 97439 Robertson said he was in favor of the City contracting with The Building Department due to their depth of employee coverage if an inspector should become sick, plus the cost is less. Robertson requested that The Building Department provide inspection a couple of days in addition to the Tuesday and Thursdays they do now. ACTION: B. Petersdorf made a motion to approve the contract with The Building
Department, LLC for building services. J. Martin seconded the motion. There were
4 ayes, 1 nays (Robinson dissenting). Motion carried.
Councilor Martin gave the City's history involving the abatement issue with the Watts property located on Pacific Avenue in Westlake. Martin said that on July 15th the City started abatement proceedings noticing the Watts of a $500 fine per day, which was not protested by the Watts. Martin said the Site Review Committee visited the property on July 26th. Nothing had been done to clean-up the property and it was not in compliance with the eyesore/nuisance ordinance. Martin asked that a lien be filed in the amount of $67,500 for the period of July 26 through December 8, 2005 against the property. A man in the audience (later identified as Rick Watts) said he was an owner of the property and had never been notified about the abatement action. Martin told Watts that letters had been sent to him, his brother Michael and Vicki Watts. Watts asked when the proper time would be to address the Council. Darnielle said Watts could appeal the decision. ACTION: P. Howison made a motion to authorize the filing of a lien of $67,500 against the Watts' property on Pacific Avenue. J. Scott seconded the motion. Discussion: Darnielle said that a final order should be issued before filing the lien, so
that if the issue is ever challenged in court, the final order would be a record
of the official position of the City. Darnielle said he would draft the final
order for approval at the January City Council meeting. Howison withdrew his previous motion. ACTION: J. Martin made a motion to direct the City Attorney to draft the Final Order. P. Howison seconded the motion. There were 5 ayes, 0 nays. Motion carried. Meyer informed Watts that he could appeal the Final Order at the January City Council meeting. C. Extension for Reedal deadline to lower the fence in the front yard to Darnielle explained that Richard Reedal has requested to extend the deadline for the lowering of the front yard fence from six feet to four feet and to include delaying the removal of the 50-foot portion of the fence that extends into the shoreland. Richard Reedal, 8522 Ridgetop Drive, Eugene, OR (representing parents). Reedal explained that he would like to delay the removal of the fence in the
shoreland until after the Measure 37 ruling, since it would cost his parents to
remove the fence and replace it if the Measure 37 ruling went in their favor. Holly Martin, 39100 SE Lusted Lane, Boring, OR (representing Alice Helmuth). Martin objected to extending either the deadline to lower the fence or delaying the removal of the fence in the shoreland. Martin said the current law in the code of ordinances should be complied with now and Reedal has only submitted an application for review of a Measure 37 claim. Martin calculated that the shoreland fence should be removed on December 12, 2005. Martin said the fence has been in place for 20-months and there has been no action towards compliance. Martin said the Council had given the Reedals 120-days to lower the height of the fence in the front yard, which calculates to February 10th; therefore the request by the Reedal's is premature. Martin asked the Council to deny both requests. Reedal Rebuttal: Reedal clarified that his parents have made an attempt to comply to the removal order by filing a Measure 37 appeal. Reedal said he does not want the fence to come down since it will be put right back up and cost the City or his parents money. ACTION: J. Scott made a motion to deny the extension for the removal of the fence in the shoreland area. P. Howison seconded the motion. Discussion: Councilors Robinson and Martin did not see the sense of removing the fence prior to the Measure 37 claim. Councilor Petersdorf said that if the Code said there shall not be a fence in the shoreland, then the Council should enforce the Code. There were 3 ayes, 2 nays (Martin and Robinson dissenting). Motion carried. The Council decided, based on H. Martin's 120-day calculation, to delay the decision for the front yard fence until the January meeting.
8. NEW BUSINESS A. Election of Council President Howison nominated Petersdorf for Council President. Petersdorf declined. ACTION: J. Scott made a motion to appoint Judy Martin as Council President. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays. Motion carried. B. Reedal Measure 37 Pre-Conference - assignment of the Demand Review
Committee (Planning Secretary, one City Councilor and either ACTION: B. Petersdorf made a motion to appoint City Councilor Judy Martin,
Planning Commissioner George Burke, and Planning Secretary Teri Tinker as the
Demand Review Committee. J. Scott seconded the motion. There were 5 ayes, 0
nays. Motion carried. C. Application for Appointment - Parks and Recreation Commission ACTION: B. Petersdorf made a motion to appoint Bill Benson to the Parks and Recreation Commission. J. Scott seconded the motion. There were 5 ayes, 0 nays. Motion carried. D. CCI Meeting Schedule for Lane Use Ordinance Revision Howison suggested an extra meeting December 27 if needed. Meyer requested
Howison to give him a call if another meeting is needed. Howison announced the
CCI meetings to the audience. E. Impacts of Development in Dunes City / Moratorium Darnielle explained the process to instate a moratorium as was discussed at the City Council Work Session on December 6th (see Exhibit A). Jim Rassmann, 83360 South Cove Drive, Florence, OR 97439 Rassmann said he moved here for the scenic beauty with most of it having to do with the lake. The property values are tied to the lake. Rassmann monitors total dissolved solids for some plants that he grows and the readings of this monitoring has been going down steadily for the 12-years he has lived in Dunes City. The DEQ does eight-part testing and the City should take the time to look into it, since this might be the only chance we get. Tim Byrne, 4879 Darlings Loop, Florence, OR 97439 Burns said after the review documents area available, there should be more study of the water related issues to make an informed decision towards a moratorium. Christine May, 5445 Little Woahink Drive, Florence, OR 97439 May said she loves the area and she thinks it is time for the City to consider the impact of large developments. May is in favor of a development moratorium. Norman Martin, 83750 Rio Road, Florence, OR 97439 Martin said he has been working with a Water Quality group that has just passed a Septic Maintenance Ordinance to keep septic drainage out of the lake, if that is one of the problems. The group does not know what the problem is or if there is a problem with the quality of our lakes. The group has been shown some charts that showed a large spike several years ago, but the trend this year is toward improved water quality. Martin said we need to know what the problem is and how we need to go about fixing the problem. Ralph Farnsworth, 83827 Hwy 101, PO Box 2647, Florence, OR 97439 Farnsworth said N. Martin was close, but not quite there. Farnsworth read a statement into the record (see Exhibit B). Jerry Wasserberg, 84646 East Lake Drive, PO Box 2959, Florence OR 97439 Wasserberg said the water quality is being monitored by the people drinking the water and by volunteers who have very few resources. Does the City have a mechanism for getting the proper chemical and bacteriological analysis of the water at prescribed sampling sites on a regular basis? Wasserberg said he has considerable experience in the analysis of water, and to find out what the problem is and what the risk is, there needs to be monitoring done on a regular basis with more sampling points. Wasserberg said the Councilors are the stewards of the City. Wasserburg stated that the importance of this city is the water and the environment and the extent in which it is adequately protected without infringing on the rights of individuals to do other things is what the Council must consider when basing a decision. Bill Robinson, 5441 Little Woahink Drive, Florence OR 97439 Robinson said that by delaying the moratorium until January, the Council allows anyone to get an application for development into the City to avoid the moratorium. The Council should vote on the issue tonight to make the moratorium effective. The volunteer positions (Planning Commission and City Council) are ill prepared to deal with a PUD. Robinson said that 95% of the developments are being prepared by LCOG, and not one has been denied. Robinson suggested that Lane County Planning temporarily take over Dunes City planning until the development boom is over. Greg Barnes, 0524 Canary Road, Florence, OR 97439 Barnes said he does not want to see the phosphorous levels get to an irreversible point before the City does something about it. John Stead, 83505 South Cove Road, Florence, OR 97439 Stead passed out photos (see Exhibit C). Wally Shultz, 488 Lake Drive, Florence, OR 97439 Shultz said if the aquifer and lake become contaminated, it would be hard to get the quality of the lake back to current levels. The City should give itself time to review the facts. Howison said that as phosphates get through the system, they get picked up by plants, but the plants die and the soil gets disturbed and eventually it all gets into the lake. Howison said the City has the support from the community to do something now, and to wait for a different time would be a mistake. Scott said he is on the Water Quality Committee where the data suggests that the concentration of chemicals has been stable for the last 20-years. Scott said the City lacks the quantity and, in some cases, quality of information. Scott pointed to the increase of 140 people in the last 20 years when the levels have stayed fairly stable. Scott said the City needs to determine if there is a problem, define the problem and find the sources of that problem. Scott said he is hesitant to impose a moratorium, because he does not know if that would solve any problems. Scott talked about non-point pollution from fertilizer, septic failures (near to lake from older properties) and natural run-off. Scott did not feel that new, modern septic systems would alter the balance of our lakes. Scott mentioned cattle, horse, geese, and Honeyman State Park (40,000 people-stays per peak month versus Dunes City population of 1300) as being sources of pollution. Meyer asked Darnielle what might be less broad options to a moratorium. Darnielle said the effluent standards for developments could be increased (require community systems for subdivisions), adopt the Septic System Maintenance Code, control Comprehensive Plan amendments to keep growth within the UGB (only accept comp plan amendments once a year, since the amendments are not subject to the 120-day rule), pollution and environment protection based decisions other than land use decisions, and the moratorium itself can be broader or narrower depending on how you define the problem. Darnielle said you have to identify the problem before additional study is done to justify the moratorium. Meyer said a problem solving model is that you gather information, generate alternatives, select the best alternative, and you implement that alternative. Scott asked about the status of getting speakers from DEQ and LCOG. Darnielle said the LCOG water quality specialist will meet with the Water Quality Committee on December 29th (Darnielle provided the Council with the Dunes City Drinking Water Source Assessment and Potential Planning Strategies, Exhibit D). Darnielle said a threshold of information is needed to document that there is a problem and concern, then as part of a solution identify a study period (maybe a year, since there is almost two years available). The need is to tie the concerns strongly enough with what the moratorium does i.e. freeze on subdivision approvals or no more building permits to show that there is a reasonable connection. One strategy would be to notify DLCD that the City is contemplating a moratorium at the February meeting (45-day notice). In the interim, have staff contact DEQ to get as much information pulled together and write some findings to support that ordinance and then decide the scope of the moratorium ordinance at the February meeting. Darnielle said informally, DEQ has indicated that the City would be allowed to implement a more strict septic system standard. Howison said the minimum is 45-days, but could be 60 or 90-days. Darnielle said DLCD could agree or not agree that the moratorium would be in compliance with Oregon Statutes, and if they do not agree, they may challenge the City's decision with LUBA. Meyer said that starting the process of the moratorium does not mean the City has to go the full course. Darnielle suggested getting everyone around a table along with State officials, to collect data. Robinson said the suggestion of her husband, Bill, to use the University of Oregon to do an inventory as a free program could be done during the moratorium. Robinson is against big development and the City would have the resources available to mitigate any problems in the future. Darnielle suggested that the process be started as soon as possible, and if the City gets to the point that it is not appropriate, just drop it. Petersdorf explained some history of Dunes City and some challenges the City has gone through during that history. Petersdorf said there has not been a subdivision in Dunes City that has not been opposed. Petersdorf said he thinks the clarity problem of the lake has to do with fishing boats bringing non-native plants into the lake. Petersdorf said the comments that the Council doesn't know is not true; "…we have worked with this stuff for years…we know what the stewardship of the land is all about…." Petersdorf said maybe taking some time would be a good thing, but if he doesn't see progress in 120-days, then he has no problem of stopping the moratorium. But the moratorium should only be for new applications. Scott said the population increase for Dunes City caused by the upcoming developments has been overstated. There are a total of four developments (one approved and three in progress) with a total of 66 lots. Based on the last census, Dunes City residences have 1.7 people living in those residences brings the calculation of population increase from new development to 112 people. Scott estimated it would take three to five years for all the lots to be developed, making only an additional 12 building permits per year for single family residences, which in that context is not a huge spike from the number of building permits that come before the City now. Meyer said the most precious resource and asset in Dunes City is our water and its quality. Meyer said the City needs to investigate to make sure we have that quality guaranteed for the future. Darnielle said the 45-day period can be extended and there would be no moratorium until an ordinance is adopted. ACTION: B. Petersdorf read the following motion: In order to obtain a temporary breathing space to implement sound development standards to prevent the degradation of water quality in Dunes City and cause public harm, I move that we give DLCD the required 45-day notice in order to adopt a temporary moratorium pursuant to ORS 197.520. This moratorium applies only for new planned unit developments, subdivisions, major and minor partitions. Further, I move to authorize our staff to pursue grant opportunities to study protection of water quality. P. Howison seconded the motion. There were 5 ayes, 0 nays. Motion carried. Mayor Meyer requested any data and charts from the citizens. Scott suggested getting information from the State, since the lakes do not belong to the City, but are State lands. Meeting recessed at 8:20 PM. Meeting resumed at 8:30 PM.
9. PUBLIC HEARINGS - began at 8 pm. A. The Pointe at Summerbell Subdivision (SUB-02-05); Seven lot residential subdivision on 10 acres, Assessor's Map 19-12-23-10, Tax Lot 209; Property Owner, Dennis Grant. Howison made comment on a discussion he had overheard in the office when the Fire Marshall said he would never approve the subdivision. Darnielle said Howison should not continue if the discussion was not a part of the record. Planner Dearborn said there is a total of three letters in the record, with the most recent from Chief Bucchanan clarifying fire approval. Darnielle said Howison should make a statement that he could make an impartial decision. Howison said he could be impartial if he was convinced that fire safety had been addressed. Howison was concerned about the letter from the neighbors to the south who complained about water run-off into their shallow well and asked for types of mitigation for a drain plan. Scott said the County Sanitarian would address that issue. Howison was concerned about the amount of grade on the property. Dearborn said there are slopes and the final plat is required to note that any lots with slopes greater than 12% is to be identified as required by the Code. Dearborn said that a revised plan by the applicant shows all the contour lines. Dearborn said all lots are equal or greater than one acre, and the buildable area is not extremely steep. D. Robinson asked about submission of a drainage plan. Dearborn said it is a requirement. Again, Howison wanted to know why the neighbors are concerned about wells and drainages and what could be done to mitigate the risks. Dearborn said that since the lots are 1 acre in size, when there is a disturbance in the area, it would be a small percentage of the lot. Also, Dunes City has an erosion control ordinance on the books and Best Management Practices could be followed. Darnielle asked that the Council declare all ex parte contacts. J. Martin said she had talked to a neighbor, Mr. Sathe, who is withdrawing his opposition and she could make an impartial decision. Scott said he spoke with Chief Bucchanan who explained his position in regards to fire district requirements. Scott said the discussion will not effect his decision. The motion was amended from its original form following discussion from the Council: ACTION: P. Howison made a motion to amend the findings of fact (See Exhibit E) as follows: Upon finding that this subdivision is located in an area possessing natural conditions including slopes greater than 12% grades draining into swales leading to adjacent sensitive areas in adjoining residential property including shallow wells and a pond, and the subdivision is intended for especially intensive development; therefore, I move that higher design and development standards for drainage be required, including a 15-foot tree and natural vegetation buffer along lots 1 and 4 (southern portion). D. Robinson seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. ACTION: J. Scott made a motion to accept the Staff Report (See Exhibit E) as presented. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. ACTION: J. Scott made a motion to approve the requests by Dennis Grant for
(1) a subdivision to Tax Lot 209, Assessor's Map 1 9-12-23-10, and (2) the
preliminary plat for the Pointe at Summerbell Subdivision. The City Council
considered the evidence presented by those for the proposal, as well as against
the proposal, and it has found by the weight of the evidence that the proposal
should be approved with the 11 conditions of the City Council. This approval is
based upon the Draft Findings of Fact and Conditions of Approval, as modified,
for File Numbers SUB-02-05, dated October 13, 2005, that are adopted by
reference in support of this decision. J. Martin seconded the motion. There were
5 ayes, 0 nays, 1 vacant. Motion carried. B. Woahink Ridge Estates - Planned Unit Development
(PUD 01-05) 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. Scott had visited the site to look at the lot. Petersdorf said he had visited the site a number of times. Howison and Robinson visited the site and talked to the Dietzs. Meyer asked for discovery of facts. There were none. Dearborn showed examples of tentative plans of PUDs from Florence and
Creswell on the overhead projector. Dearborn read over the findings of fact (See
Exhibit F). Dearborn made comment on Condition 16 saying that the road
right-of-way was included in the common area calculation, which does not meet
Dunes City's Code definition. Dearborn commented that the curve radius on the
private road does not meet Code requirements. Dearborn further commented that
the PUD code does allow some design leeway, but a reason would be needed why the
curve does not meet the design standard. Dearborn said the Code requires a storm drainage plan, the location of buildings and detailed architectural design of the building, but the developer does not intend to show those details. Dearborn said those requirements would have to be met at the final planning stage of the PUD. Councilor Robinson said she would like to see the footprint (building envelope) of where buildings could be placed, along with septic system and the replacement field identified on each PUD lot. Howison commented that in regards to the wetland, the conditions do not require anything about nutrients entering the wetland and draining into the lake. Howison read from the findings of fact, page five, Response: Drainage. Councilor Martin commented that she could not see how the drainage could be analyzed before the condition occurs. Howison suggested expanding the wetland area so that any collected run-off would not overflow. Martin commented that such an action would require Division of State Lands approval. There was a discussion about locally significant wetlands and how DSL and DEQ regulate such. Dearborn instructed the Council that where the conditions say the PUD doesn't meet the tentative plan, the Council can either deny the application or make a condition of approval. Darnielle instructed the Council as to if they believe they have enough information; is it feasible? If the answer is yes, make the requirement a condition of approval. Darnielle said the concept of a PUD is different than that of a subdivision, since there are trade-offs. Dearborn went through the list of conditions of approval in the findings of fact. Scott commented that a PUD is intended for an especially intense development, but in his view, 19 lots on 19 acres are not especially intensive. ACTION: P. Howison made the following motion: Upon finding that this proposed planned unit development is located in an area possessing natural conditions which is within the 1000-foot sensitive area setback based on EPT national guidelines including a wetland listed in the Dunes City Wetland Inventory which drains across a road, down a ravine and into Woahink Lake, which is part of the Alderwood Water Protection Area and listed in the federal water pollution control act; therefore, special consideration is needed regarding water runoff, drainage, nutrient flow and sewage disposal; and upon finding that this PUD is intended for especially intense development, the following higher design and development standards are required: 1. A drainage plan utilizing tree buffers and natural vegetation between the development and the wetland, a sufficient expansion of the wetland to prevent wetland degradation and overflow, lawns restricted to the size of the drainage field, and during construction there shall be no increase in nitrogen and phosphorus nutrient discharge as certified by the DEQ. D. Robinson seconded the motion. Discussion: Petersdorf said that the wetland itself would be sufficient to take care of
the drainage nutrients. After a brief discussion the vote on the motion was
taken: ACTION: P. Howison made the following motion: Upon finding that this proposed planned unit development is located in an area possessing natural conditions which is within the 1000-foot sensitive area setback based on EPA national guidelines including a wetland listed in the Dunes City Wetland Inventory which drains across a road, down a ravine and into Woahink Lake, which is part of the Alderwood Water Protection Area and listed in the federal water pollution control act; therefore, special consideration is needed regarding water runoff, drainage, nutrient flow and sewage disposal; and upon finding that this PUD is intended for especially intense development, the following higher design and development standards are required: 1. A drainage plan utilizing tree buffers and natural vegetation between the development and the wetland, a sufficient expansion of the wetland by an engineer to prevent wetland degradation and overflow. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. ACTION: J. Martin made a motion to accept the Staff Report for 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. J. Scott seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. ACTION: D. Robinson made a motion to include in the Findings of Fact Conditions the radius of the road and locations of the building envelope, septic system site and replacement drainfield. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. ACTION: J. Martin made a motion to approve the request by Ron Mann for (1) a
zone change to add a PUD suffix to Tax Lots 2400, Assessor's Map 19-12-11-40,
and (2) the preliminary plat for the Woahink Ridge Estates PUD/Subdivision. The
City Council has considered the evidence presented by those for the proposal, as
well as against the proposal, and it has found by the weight of the evidence
that the proposal should be approved with the 20 conditions of the City Council
with a modification to Condition 6. This approval is based upon the Draft
Findings of Fact and Conditions of Approval, as modified, for File Numbers ZON
01-05 and PUD 01-05, dated November 10, 2005, that are adopted by reference in
support of this decision. B. Petersdorf seconded the motion. There were 4 ayes,
1 nay (Howison dissenting), 1 vacant. Motion carried. C. Sunset Cove - Planned Unit Development (PUD 02-05) and Zone Change (ZON 02-05), Tax Map 19-12-23-31, Lots # 3400 and 3500, and Tax Map 19-12-23-33, Lot 1500 - 16.706 acres. Request from the applicant to reopen the Public Hearing. 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. Both Petersdorf and Howison said they had visited the site. Meyer asked for discovery of facts. There were none. Meyer opened the Public Hearing at 10:37 PM. Applicant: Rob Ward, 5441 Huckleberry Lane, Florence OR 97439 Ward reminded the Council that under the Dunes City Water Permitting Process, there is a limit of ¼ acre for outside irrigation thereby limiting the size of lawns. Ward said that the subdivision to the south was subdivided in the 1950's at ½ acre in size, pointing out that the density in the proposed PUD is not as dense as the surrounding area. Ward talked about DEQ requirements for bio-swales and referenced the Dunes City Comprehensive Plan which cites the use of open ditches. Councilor Martin questioned Woodlands Lake Park that was shown on the PUD map. Ward said the park already exists and was only shown as a reference. Ward said that Lot 16 could never be partitioned, since it is less than two acres. Ward explained that water distribution would be one meter per three users, which is no different from Fern Acres Water District. Councilor Robinson asked about 16% slopes. Ward said there might be a 50-foot to 80-foot stretch where there would be a 16% slope. Robinson wanted to know if there was a geological study done for the property. Ward said that per the Comprehensive Plan, the area was rated as most suitable for development. Ward said that when a person is applying for a building permit, they must then supply an engineer certified report for slopes in excess of 16% as shown on the final plat. Mayor Meyer asked for proponents: Steve Burton, 83592 Woodland Lane, Florence OR 97439 Burton, son of Mrs. Sauter, said he and his family have been careful to select a developer for the property who would be sensitive to the land. Burton said they were approached by developers in 2003 and 2004, but declined their offers. Burton and his family are in favor of the low level lighting and the protection of the trees that he and his step-father planted many years ago, and is confident that Ward will protect the values of his family. Burton said that Sunset Cove could be a model for other communities.
Bob Read, 5020 Ford Way, Florence OR 97439 Read commented that it is a good development. Read has been on the Lane County Planning Commission, thinks that PUDs are the way to fly, and he felt that Dunes City, in general, has much better developments than Lane County and would not be in favor of using the County's planning facility. Eric Tanikowa, 5050 Heceta Parkway, Florence OR 97439 Tanikowa said it is a beautiful development. Deb Lamb, 2378 11th Street, Florence OR 97439 Lamb said she was in favor of the development. Mayor Meyer asked for opponents. Opponents: Alice Helmuth, 83570 Woodland Lane, Florence OR 97439 Helmuth gave a composite map to the City Council to give them a better understanding of the location of the development and densities. Helmuth said that she gets her drinking water from the cove located near the development. Helmuth cited 156.187 (1) of the Code and Policy B11 of the Comprehensive Plan, which states: The city shall strive to protect the habitat of wildlife and fish, including lakes, fish-bearing (Class "F") streams, wetlands, riparian areas, and forested-lands. These resources shall be protected and conserved to the greatest extent possible, consistent with low-density development of the city. Helmuth said that the weeds that are now growing in the lake indicates that there is a change in the lake. ACTION: B. Petersdorf made a motion to extend the City Council Meeting beyond 11:00 PM. J. Martin seconded the motion. There were 5 ayes, 0 nays. Motion carried. Gordon Robertson, 83623 Jensen Lane, Florence OR 97439 Robertson addressed the right-of-way width being less than the 50-foot
right-of-way as required by the Code. Robertson said there was no reason given
for the 40-foot right-of-way. Robertson cited 156.194 of the Code saying that
the density formula should not use the right-of-way to increase density.
Robertson cited 156.182 pointing out that right-of-ways and cul-de-sacs should
not be included in common area. Robertson questioned are variances necessary and
why are they necessary Mike Sherman, 5236 Russell Lane, Florence, OR 97439 Sherman commented that he has lived on his property for 37 years and is concerned that ½ acre sized lots will create more impacts and conflicts with the wetland area. Sherman said the creek used to be a fish bearing stream and would like to see increased setbacks. Sherman said the proposed dock area is only 30 lineal feet from a wetland and is concerned that having so many people recreating in such a small area would impact the water quality and the density of the development would compromise the wetland sensitivity. John Stead, 83505 South Cove Way, Florence OR 97439 See Exhibit G . Holly Martin, 39100 SE Lusted Lane, Boring OR H. Martin said she is an attorney representing Dunes City residents Jerry and Naomi Wasserberg, Joyce Keenor, and Tom Cherones who are in opposition to the development. Martin said that Councilor Scott had understated the number of lots being developed in Dunes City. Martin said there would be cumulative impacts to Woahink Lake from the developments and the City should have compliance with the process. Martin said that the application was not properly submitted, and the Planner suggesting conditions is a way of making up for criteria that was not met. Martin said the solar access requirement is still a part of the current code. Martin read from 155.090 of the Dunes City Code. Martin said that if the applicant has not chosen to comply with the conditions, the people would not be able to scrutinize the final plat. Martin said the applicant should carry the burden of proof and should show a need in Dunes City for this type of development. Martin commented on water availability and the ability of the City to provide water for new developments. Martin provided exhibits of the Dunes City Drinking Water Plan and the Coastal Lakes Watershed Analysis from which Martin quoted from. Martin presented four documents for the record: 1) Letter dated 12/8/05 Re: SUNSET COVE PUD SUBDIVISION AND ZONE CHANGE PUD-20-05 AND ZON 02-05 NONCOMPLIANCE WITH ORDINANCE REQUIREMENTS FOR PRELIMINARY PLAN APPROVAL; 2) Letter dated 12/8/05 Re: SUNSET COVE PUD SUBDIVISION AND ZONE CHANGE PUD-02-05 AND ZON 02-05 ON COMPLIANCE WITH COMPREHENSIVE PLAN; 3) Coastal Lakes Watershed Analysis; and 4) Dunes City Drinking Water Source Assessment and Potential Planning Strategies ( See Exhibits H, I, J, and K respectively). Martin requested that the record be held open for additional comments. Darnielle instructed that the record should be held open for one week, with
the applicant supplying written rebuttal by the end of the following week. Applicant Rebuttal: Ward said that he preferred to not have the record remain open, since the opponent did present her information and Ward viewed leaving the record open as a delay tactic. Ward addressed the street widths saying that the streets would be private. Ward said that in regards of water availability, the owners in Sunset Cove would have the same right as any water right permitee of the City's Woahink Water Right, and that under H. Martin's argument, the City would have to deny someone with a water right. Ward commented that the PUD is a standard that is available as provided by the Dunes City's Comprehensive Plan and Code of Ordinances. Ward said that Sunset Cove is a complete development. Ward said that the benefit of the PUD is that the development retains the tree line along Clear Lake Road, provides common area to adjoining landowners, and protects the wetlands and 114-feet of shoreline. Ward said there will be a minimum access (nominal) dock midway in the shoreline. Ward said that the solar access standard gives latitude due to constraints of the slope or trees, and that part of the Code doesn't need to be met. Ward pointed out that the 40% of open space will protect the wetland and trees. The one acre minimum in the Comprehensive Plan is used to accommodate a well and septic system and Ward said that the development does not need a well. Lastly, Ward commented that the Comprehensive Plan's one acre per unit for a PUD is sufficient to protect water quality, and in fact, the design of the PUD has pulled development away from natural features. Mayor Meyer closed the Public Hearing at 11:53. Meyer said that a decision would be made at the January City Council meeting. (See Exhibit L for Staff Report and Findings of Fact for Sunset Cove PUD.) ACTION: P. Howison made a motion that the record for Sunset Cove PUD be held open for public comment for seven days with the applicant providing written rebuttal at the end of the following seven days. In addition, the applicant is to provide a footprint of buildings on the lots along with the placement of septic system with replacement drainfield within seven days, with public comment on applicant information provided at the end of the following seven days. D. Robinson seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. 10. Reports Time did not allow for the Reports. 11. Unscheduled Items Not Listed on Agenda - None. 12. Executive Session - None 13. Adjournment Meyer adjourned the meeting at two minutes past midnight.
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