1.
Call to Order, Roll Call and Pledge of Allegiance
Mayor
Meyer called the meeting to order at 7:00 p.m.
PRESENT:
Mayor
S. Meyer; Councilors, J. Scott, P. Howison, J. Martin, L.
Riechel, and R. Petersdorf.
ALSO PRESENT: G. Darnielle, City Attorney; T. Tinker, Planning
Secretary; C.
Lewis, Recording Secretary; G. Burke, Planning Commission; and approximately 20
citizens from the community.
2.
INTERVIEWING POTENTIAL PLANNING COMMISSIONERS
Applications received from Darlene Beckman, George Burke, Eric Hauptman,
Lee Riechel, Ron Shearer, and William Tizzard.
There was a pre-established deadline of December 6 at 2 p.m.
Any applications received after the issuance of this agenda will be
available December 7th.
No public comment will be taken. Vote
to be held on December 14, 2006, at the regularly scheduled City Council
Meeting.
Mayor Meyer
asked the applicants to separate from the audience while the individual
interviews were being conducted. Applicants
moved into the Road Room.
Applicants
were interviewed as follows:
Darlene
Beckman, 82150 Booth Island, P O Box 39, Westlake OR 97493.
Beckman
summarized her application. Beckman
said she has her real estate license, but only uses it for her personal use. Beckman said her strength would be that she has a background
in building homes and knows the practicality of the building codes and
regulations. Beckman has attended
City Council, Planning Commission and CCI meetings for the past year.
She would like to see Dunes City keep its small town atmosphere, but
operate within the guidelines of the Code.
If the rules do not cover a subject, Beckman said that area of the Code
should be discussed and the Planning Commission would be obligated to fix the
problem before the next issue might arise.
Beckman said that a decision should be made on the facts, but if there is
a gap in the Code, then a common sense decision should be made.
Scott
thanked Beckman for her help in the CCI process for the water quality issues.
Howison asked Beckman if there were additional properties that she would
be developing. Beckman said that
all their property has been divided and there would be no other actions coming
through the Planning Commission.
George
Burke, 4838 Lake Blvd, Westlake OR 97493.
Burke
said he is a retired sheet metal contractor and has been on the Planning
Commission for over a year. Burke said he would like to get the new land use ordinance up
and going. Burke said he has always
volunteered for the community in which he has lived.
Scott
asked Burke what the most important task for the Planning Commission would be.
Burke said that task would be to get the Ordinance together and do a
better job of controlling building; to protect the lake and in the distant
future, plan for a water system and sewer treatment.
Howison asked if Burke was retired or doing consultant work. Burke said he was retired, but if one of his past associates
were interested in some project in the area, he then would check things out for
them. Howison asked Burke about a
final plat that was presented to the Planning Commission the same night the
decision to approve the final plat was made.
Burke said that did happen, but a final plat does not need to be approved
at the Planning Commission level, plus the only task they are accomplishing is
to see that all the conditions of approval for the subdivision/partition are
met; they are not approving anything that is new, but agreed the document should
be presented a week before the Planning Commission meeting.
Eric
Hauptman, 5188 Hilltop Drive, Florence OR 97439.
Hauptman
said he has been in the real estate field working with developments, appraisals
and finance lending. Martin asked Hauptman to explain what his current
employment entails. Hauptman said
that he consults for banks on property that is entering foreclosure, but is
working part time due to a back injury. Martin
said Hauptman had made a statement at a prior public hearing against developers
spewing oil in the lake. Scott also
recalled such a statement. Hauptman
denied making such a statement, and said that he was not against development.
Lee
Riechel, 83541 Jensen Lane, Florence OR 97439.
Riechel
gave a summary of his professional background as an avionics engineer.
Riechel retired 12 years ago and has served on the Planning Commission
since 1996.
Scott
asked Riechel if he was in favor of Ordinance 182.
Riechel answered that he was most definitely in favor and had been
involved in the code revision since 1999. Riechel
said that when the current code was developed, two different city codes were
used to put it together leaving the zoning section and the land use section in
conflict.
Howison
asked why Riechel had resigned last spring.
Riechel said he was emotional when at the May City Council Meeting, the
code revision that he and other volunteers had invested 6 years time in
developing, was tabled indefinitely and a grant was applied for with the
intention of developing a new revision from the beginning.
Riechel had said that he had made a commitment to the City to see the
revision to its conclusion. At that
May meeting, Riechel said the tabling of the revision seemed to be at its
conclusion. Howison asked if
Riechel could work with people who had voiced conflicting opinions with Riechel.
Riechel said the code dictates the decisions for the Planning Commission
so that he could work with those personalities.
Ron
Shearer, 83511 Jensen Lane, Florence OR 97439.
Shearer
said he has been on the Planning Commission for a year and enjoys being a
Commissioner. Shearer said he has
lived in the area for 11 years. Martin
asked Shearer if he had enough time to serve on the Commission.
Shearer answered yes.
William
Tizzard, 5405 Kateech Dr., Florence OR 97439.
Tizzard
said he is very interested in land use planning and development.
Tizzard is a retired school principal and teacher.
Tizzard taught Civics in high school where the studies required students
to plan a community. Tizzard said
he ran for Planning Commission twice in the 1970’s in California and has
always been an active volunteer in the communities where he has lived.
Scott
asked that in light of the problems that Dunes City has been experiencing with
expansion and water quality issues, what the City should be doing.
Tizzard said the elected officials are to represent all of the citizens,
not just some. The City should be
protected and the quality of life should be protected for all the citizens. Tizzard said that as a principal, he was used to dealing with
divergence and bringing groups together. Martin
asked for additional details of his teaching.
Tizzard said he taught geography, did course work in urban geography,
economical, and problems with land use infrastructure.
There was a planning component for senior studies and in fact some of his
students went on to careers in the planning field.
Meyer
concluded the interviews and announced that action would be taken at the
December 14th City Council Meeting.
3.
APPROVAL OF FINAL PLATS
A.
Sunset Cove, PUD 02-05
Tinker reported that the Final
Plat had been reviewed by the Planning Commission and all conditions of approval
had been met. It was the
recommendation of the Planning Commission that the City Council approve the
final plat. Paving of the entrance
was finished that day, but the signing of the plat would be delayed until a
final inspection report was received from the City Engineer.
Howison asked about the agenda item on Thursday’s City Council Meeting
for the Ordinance for the zoning. Darnielle
said it was a routine item that went along with the PUD that was unintentionally
incomplete. Riechel commented that
the shoulders still needed to be put in. Tinker
responded by calling the Councilor’s attention to a report from McAllister
Engineering outlining some additional recommendations before the project is
completed (i.e. hay bales, backfill, etc.).
Howison wanted to know when a decision about the common dock would be
presented. Tinker said a building permit is issued for a dock under 640
sq. ft. and does not require a public hearing unless the size is larger.
ACTION:
B. Petersdorf made a motion to approve the final plat for PUD 02-05,
Sunset Cove upon the approval of the City Engineer.
J. Scott seconded the motion. There
were 5 ayes, 0 nays, 1 vacant. Motion
carried.
B.
CDS Properties, LLC, Minor Partition MP 02-06
Tinker reported that the Final Plat
had been reviewed by the Planning Commission and all conditions of approval had
been met. It was the recommendation
of the Planning Commission that the City Council approve the final plat.
ACTION:
J. Scott made a motion to approve the final plat for MP 02-06, Minor
Partition for CDS Properties. L.
Riechel seconded the motion. There
were 5 ayes, 0 nays, 1 vacant. Motion
carried.
4.
PUBLIC HEARING – Ordinance 182, an
ordinance replacing
Chapters 155 and 156 of the Dunes City Code and declaring an emergency.
Third reading.
ACTION:
J. Scott made a motion for the third reading by short title of Ordinance
182, an ordinance replacing Chapters 155 and 156 of the Dunes City Code and
declaring an emergency. J. Martin
seconded the motion.
Discussion:
Howison questioned the need for an emergency given the amount of time
that was taken in putting the ordinance together.
Darnielle said that the emergency clause would have the ordinance go into
effect immediately giving the Planning Commission the tools that they need.
Darnielle said that any Councilor can make a motion to remove the clause
before the final vote of the ordinance.
Vote: There were 4 ayes, 1 nay (Howison dissenting), 1 vacant.
Motion carried.
Meyer opened the Public Hearing asking to wait until after public input
before talking about the emergency designation.
Public Hearing opened at 7:56 p.m.
Meyer asked for the declaration of conflicts from the Council.
There were none.
Meyer read the ordinance by short title.
Norman Martin, 83750 Rio Drive,
Florence OR 97439.
Martin said that some ORS’ may have been overlooked, such as ORS
197.831 (read by Martin) which says an object cannot have statement such as
“higher standards if we feel like.” Martin
said the State has drainage laws and the City cannot tell someone to stop water
on their property that would normally drain through their property.
Ralph Farnsworth,
83837 Highway 101, Florence OR 97439.
Farnsworth said that the ordinance was not developed with a bias towards
clean water, and that is the one thing that he cares about.
Farnsworth used Tenmile Lake as an example of the lake which is not even
safe for pets to enter. Farnsworth
said the Comprehensive Plan should be applied to the current code.
Jerry Wasserberg, PO Box 2959,
Florence OR 97439.
Wasserburg asked that the Council consider an article that was in the
local newspaper authored by Lee Riechel (see Exhibit A).
John Stead, 83505 South Cove
Way, Florence OR 97439.
Stead read a chronology of added text into the Code Revision (see Exhibit
B).
In addition, Stead made comment about Dog Kennels, the 7% grade
requirement, and the tolerance of 6-foot chain link fences.
Mark Chandler, 4934 Lakeshore
Drive, Florence OR 97439.
Chandler said he wanted to show appreciation for all the citizen
involvement that was gathered in the completion of the code revision. Chandler requested that everyone keep up that vision of Dunes
City for the future. Chandler
called for a higher standard, but to apply that standard in a fair manner, and
to protect the unique nature of the City.
Richard Koehler, 4853 Darlings
Loop, Florence OR 97439.
Koehler asked the Council not to rush to approve the Code, saying that
the enactment was political. Koehler
said there were problems in the ordinance layout and that Rand Dawson had said
that the ordinance was not based on the Comprehensive Plan.
Meyer closed the public hearing at 8:18 p.m.
Darnielle addressed Norman Martin’s read statute by saying the statute
specifically dealt with a LUBA action. When
requiring standards to be cited, such as a moratorium, the standards would need
articulation. Darnielle said there
could be some flexibility. Darnielle
said the emergency clause for the ordinance was not a legal issue.
Howison asked that if something is missing, could changes be made?
Darnielle said he knows the document is not perfect and that changes can
always be made. Burke said the
Mayor has three days to sign the ordinance.
Petersdorf said he was in favor of the Ordinance and commented that the
City is having a new beginning; that Ordinance 182 could be amended as the City
goes along.
Riechel said that it has been stated by others that he was sole author of
the document. Riechel said there
was at least a dozen other people who co-authored the code revision.
The Council then went through the Code page by page checking for
corrections that were to be made by the attorney.
Page 4 – Darnielle said the shoreland cannot be defined as shoreland.
The DLCD cannot implement, since they use the meander line (per Dave
Blanton). Darnielle could not
recommend using anything other than the statewide planning goal definition.
Darnielle suggested that the Council keep track of any changes that will
need to be made later.
Page 12 – The statute states “calendar year”; therefore, needs to
be put back into the document.
Page 13 – Insert italicized: the
area of the buildings as viewed from above
and as allowed by the applicable….
Page 29 - Omit 155.2.0.140 All Uses.
Page 31 – Omit item B.
Page 35 – There was a discussion about the 30% maximum lot coverage for
non-conforming lots. It was decided
to leave the 30%; can be changed later.
Page 35 – 155.2.1.123 (A) (1) (c):
Change to: Porches,
platforms, decks and landings which do not extend above the level of the first
floor of the building.
Page 36 – Use Judy’s suggestion:
3.
Fences in the front yard setback areas:
Chainlink unfilled (no slats), ornamental and other fencing that does not
obstruct vision may not exceed six feet in height.
Solid fencing that obstructions vision shall be limited to 3 ½ feet in
height. Fences in the side and rear
yard setback areas: Fencing (all
types) may not exceed six feet in height.
Martin
said that she and her husband did an informal survey of the neighborhood where
they live and Woodland Lane area finding 24 violations of the current
requirements for front fence height. Those
whom they talked to stated that they were against removing their illegal fences.
It was noted by the Council that a laurel hedge of many, many feet would
not be illegal.
Page
43 – 155.2.2.123 (A) (1) (c): Porches,
platforms, decks, or landings…
Page
65 – There was a discussion about higher design standards.
There was no opposition.
Page
91 – Riechel commented that the Traffic Impact Study should be located in the
Master Road Plan.
Petersdorf
voiced a concern about the City Council not being informed of Planning
Commission’s decisions. It was
decided that a procedure would be developed to ensure that Councilors are
informed of decisions so that an appeal can be made if it is the Councilor’s
wish.
Page
115 – Item 2: Change from 10-days
to 15-days.
Page
122 - Item B, 2, d: Burke said the
standard break for slope is 12%. Change
10% to 12%.
Page
123 – There was discussion between Scott and Howison regarding the need for a
tree map. Howison said the maps
will provide an opportunity for Planning to advise property owners before they
cut down the trees.
Page
127 - 155.4.3.190 (A): Addition in italics-- “Within 60 days of the City
approval of the final plat and
signature of the Mayor, the applicant shall…”
Page
132 - Omit last paragraph on the page.
Page
133 – Omit remainder of paragraph at the top of the page.
There
was a discussion about the CCI’s recommendation for less clustering of houses
in a PUD versus more clustering of houses in a PUD.
Page
139 – Item B, 1: Change 10%
(twice) to 12%.
Page
145 – Under Miscellaneous Permits, 155.4.9.2 Home Occupation (strike
“Permits”)
ACTION:
B. Petersdorf made a motion to adopt Ordinance 182, an ordinance
replacing Chapters 155 and 156 of the Dunes City Code and declaring an
emergency, with corrections. J.
Scott seconded the motion. Roll
call vote: Scott, Howison, Martin,
Riechel and Petersdorf – Aye. There
were 5 ayes, 0 nays, 1 vacant. Motion
carried.
ACTION:
L. Riechel made a motion to approve the Findings of Fact for Ordinance
182. B. Petersdorf seconded the
motion. There were 5 ayes, 0 nays,
1 vacant. Motion carried.
Riechel
read a statement apologizing to the volunteers who put the code revision
together (see Exhibit C).
5.
ADJOURNMENT
Meeting was adjourned at 10:38 p.m.
APPROVED BY:
____________________________
_______________________________
Sheldon Meyer, Mayor
Joanne Hickey, City Recorder