A. Ordinance 182, an ordinance replacing chapters 155 and
156 of the Dunes City Code, Third Reading and Possible
Adoption.
Meyer opened the public hearing at 8:20 p.m.
ACTION: B. Petersdorf made a motion to have the third reading of
Ordinance 182, an ordinance replacing Chapters 155 and 156 of the Dunes City
Code by short title. J. Martin seconded the motion.
Martin identified changes that needed to be made to the ordinance as
outlined in Darnielle’s memo to the Council (see Exhibit F):
Changes as outlined by Martin:
1) Policy C6 of the Dunes City Comprehensive Plan requires that a
licensed Oregon engineer document the safety of development proposed
on slopes in excess of 16 percent.
2) Family Child Care Facilities and Residential Homes as defined
by statute must be included in the list of permitted uses in the
Residential District.
3) Safe Harbor wetland provisions must be modified to address
grading and the riparian corridor provision must be modified to
address the specific variance criteria.
Martin said that at the work session on the previous night, the Council
had decided to meld 156 into Ordinance 182, but then she realized there is
too much to do. Martin said she was in favor of passing the ordinance next
month and using it as a starting point, since the City needs the protection
for minor partitions and other items such as the 60-foot street frontage
requirements. Howison said the purpose of the moratorium was to stop
subdivisions and give the City time to enact provisions to protect the
quality of water, but the moratorium was not extended and now there is a
proposed subdivision. Martin said the proposed subdivision had previously
been changed from a minor partition. There was an argument concerning the
work session the previous night where it was thought that there was a
consensus among the Council to take a few months (opposed to a couple of
months) to incorporate 156 into Ordinance 182.
Darnielle said in an effort to come to a compromise, prioritize what is
most important for water quality, incorporate the items in the next couple
of weeks, adopt the document, then begin making the other changes as needed.
Meyer agreed that whatever was adopted would have to be changed over time.
Meyer said that the previous night’s discussion brought the Council to a
consensus that Ordinance 182 was a much easier document to read and
interpret than the 156 document. Howison said that the agreement had been to
adopt the document in January, to which Martin disagreed. Martin said that
there are a new set of findings of fact to consider that were not available
for discussion at the work session. There was further discussion about
taking too long on adopting the ordinance and waiting a while longer to
incorporate the water quality items. Darnielle said he could have the
ordinance highlight the concerns of the CCI in bold. Petersdorf said if
Ordinance 182 can incorporate the concerns of the CCI in the document and
the CCI could get together to review the changes, he did not see why there
would have to be additional numerous public hearings before passing the
document.
It was decided to allow public testimony.
L. Riechel withdrew his second on the previous motion. B. Petersdorf
withdrew his motion to have the third reading of Ordinance 182. Motion was
withdrawn.
Richard Koehler, 4853 Darlings Loop, Florence OR 97439.
Koehler asked Darnielle about public notice required for the ordinance
changes. Darnielle said there were some open meetings violations and the
City did not follow the Comprehensive Plan precisely, but the public has
looked at Ordinance 182 for months and LUBA’s concern is if the public has
had adequate time to look over the new document. Darnielle said LUBA might
mention that it would have been nice if the process had been followed, but
he suspected that if the public had a couple of hearings, LUBA would find
that the public did have adequate time. Darnielle said his opinion is what
he has read about LUBA cases in the past 30 years.
Koehler inquired as to the number of changes that was made in the
document since September of 2005. Martin said she did not know, but many of
the changes had been formatting for consistency.
Koehler read a statement highlighting the past process of the code
revision and the protection of the City using the Comprehensive Plan, CCI
process and the efforts of the citizentry. Koehler and Farnsworth identified
1151 changes.
Martin clarified the changes included Booth Island, Solar Access; changes
that were directed by the Council.
Jerry
Wasserburg, Eastlake Drive, Florence OR 97439.
Wasserburg applauded the withdrawal of the motion for the third reading
of Ordinance 182.
Darlene Beckman, P O Box 39, Westlake OR 97493.
Beckman said she has read Ordinance 182 cover to cover and the document
should be reviewed on its own merit. The document is much better than the
current code and given the format, there is no way to provide a red-line
document of the changes; in fact, in the new 156 prepared by LCOG, there was
no way to track those changes. There is more clarity in Ordinance 182 and it
is much easier to read than the LCOG version of 155, 156. The document is
needed desperately by the Planning Commission. Beckman recommended that
Ordinance 182 be adopted in as short of period of time as possible with the
additions and corrections being added during the next month.
Cynthia Chandler, 4934 Lakeshore Drive, Florence OR 97439.
Chandler read a statement (see Exhibit G).
David
Bellemore, 83548 Salal, Florence OR 97439.
Bellemore said that at the work session the previous night, Mayor Meyer
had summed up the meeting saying that more citizen input would be needed.
Bellemore said that he finds that Ordinance 182 is once again being crammed
down their throats and did not see why one, two or even six months would
make that much of a difference before adoption. Bellemore said he did not
see why the documents couldn’t be melded together; that he did not see too
much difference between the two.
John Stead, 83505 South Cove Way, Florence OR 97439.
Stead testified that DLCD requires a red-line copy of the ordinance.
Stead encouraged the Council to use the LCOG document. Stead read from a
document stating the need for citizen involvement and a process as set forth
by the Comprehensive Plan and Statewide planning goals
Meyer closed the public hearing at 9:50 p.m.
The Council reiterated the discussion that was held prior to the public
testimony.
Howison and Hogervorst were opposed to presenting the revision by
Darnielle to the CCI for review before the November City Council Meeting.
Meyer said the process needs to move on and a decision be made at the next
meeting if the document is ready, or postpone the adoption to the next
meeting if needed.
ACTION: J. Scott made a motion to schedule the third reading of
Ordinance 182 at the November City Council Meeting and instruct counsel to
combine the findings of fact into Ordinance 182 plus the CCI findings that
are included in the 156 prepared by LCOG. J. Martin seconded the motion.
Howison said he would like Denise
(LCOG) to help incorporate the MSC/CCI
concerns into Ordinance 182.
It was decided to have a review of Ordinance 182 by the
MSC/CCI at the
November 1st CCI meeting.
C. Chandler said, "155 has not had a line for line review by Gary
Darnielle. The Findings of Fact are incomplete." Martin referred
Chandler to the Findings of Fact prepared by Darnielle.
Meyer proposed having the third reading in December. Riechel suggested
that the CCI use the November 1st meeting to determine the amount
of work that will be needed to incorporate the changes. The MSC/CCI could
then use their other November meetings towards completion of the review.
J. Martin withdrew her second on the previous motion. J. Scott withdrew
his motion to have the third reading of Ordinance 182 at the November City
Council Meeting. Motion was withdrawn.
ACTION: B. Petersdorf made a motion to have the third reading of
Ordinance 182 at the December City Council Meeting in order to give the CCI
three additional meetings and direct Darnielle to have the document ready
for the MSC/CCI in one week. P. Howison seconded the motion. There were 6
ayes, 0 nays. Motion carried.
