DUNES CITY
PLANNING COMMISSION
REGULAR
MEETING
APRIL 17,
2002 --- 7:00 P.M.
I.
CALL TO ORDER
The meeting was called to order at 7:03 p.m. by Planning Commission
Chair Lee Riechel.
II.
ROLL CALL
Present
Dan Karnes; Chair, Lee Riechel; Steve Hardeman; Bryce Spankroy;
Planning Secretary, Jeannie Cerda.
Don Puderbaugh - Excused
There were four people in the audience.
III.
APPROVAL OF MINUTES
A.
March 20, 2002 - Regular Meeting
Action
S. Hardeman made a motion to approve the minutes of the regularly
scheduled March 20, 2002, Planning Commission meeting.
The motion was seconded, the voting was unanimous, and the motion
carried.
IV.
ANNOUNCEMENTS AND CORRESPONDENCE
There were no announcements or correspondences.
V.
PUBLIC INPUT
None
VI.
PUBLIC HEARINGS
A.
Conditional Use Permit - Gary
& Lark Fisher
Tax Lots 212 & 432, Map No. 19-12-24
Chair Riechel announced the
public hearing was for a Conditional Use Permit to allow horses on tax lots
212 & 432 on map 19-12-24.
The public hearing rules and
procedures were explained and the “raise it or waive it” rule was read.
The Minor Partition criteria were projected on the wall.
Chair Riechel stated for the record that there had been a meeting at
the property site. He stated that
he and commissioner, B. Spankroy visited the site.
Chair Riechel stated there was ex-parte contact with Mr. Fisher
regarding the clearing and the logging on the property.
No discovery of any additional findings, ex-parte, or conflicts of
interest were declared.
The introduction to the staff report was read.
Chair Riechel asked the
applicant to address the criteria in his presentation and to state how the
application meets that criterion:
Chair Riechel
opened the public hearing at 7:11 p.m.
Gary
& Lark Fisher: 5700 Maple Drive, Florence, Oregon 97439
Mrs. Fisher stated that the
staff report incorrectly stated the property as 5.34 acres, when in fact it is
approximately 10 acres.
Mrs. Fisher stated that they
would like to be granted a conditional use permit allowing them to have horses
on their property. She
acknowledged that there are natural springs on the property and they intend on
keeping the horse pasture away from those springs and any wetlands that may be
on the property. They propose to
fence the entire area indicated on the submitted map (see attached) and
propose to build a barn for shelter and hay.
The access to the property will be off an existing logging road.
Proponents
None
Opponents
Cara Hogervorst - 5650 Alder Court
Mrs. Hogervorst stated that she
is not happy about horses being on the property, but would be less opposed if
the following issues are addressed:
1.
Parts of the property are quite steep and appear that most of the trees
on the property have been removed except very near to the top, causing concern
for erosion.
2.
The application does not specify how many animals are to be on the
property.
3.
The neighboring property has cattle so there is livestock in the area.
4.
Concern regarding the size of the barn the applicants intend to
construct for storage and hay.
5.
Considering the property and erosion, do the applicants plan to rotate
the pastures to prevent erosion?
6.
There are two springs on the property that are full year-around that
drain into Siltcoos. What are the
plans to keep siltation out of the lake?
7.
How will the horse waste be handled?
8.
How will odor be addressed?
9.
How do they propose to protect the two springs?
Rebuttal
B. Spankroy asked if the horses
would roam with no containment. L.
Fisher stated that they would not. The
horses would be contained in about five acres and cross-fenced.
B. Spankroy asked if the barn would be visible.
Mr. Fisher stated that if you drive down Erhart Road, the barn would
barely be visible. The only
resident that has a view of the area is 5700 Erhart.
Chair L. Riechel closed the
public hearing at 7:27 p.m.
Chair Riechel stated that this
application is similar to a previous request.
One of the conditions placed upon that request was that a covered
containment area for the manure was going to be built to keep the fly
population down and controlling the drainage seepage. Mrs. Fisher stated that rotating the pasture and raking the
manure will act as a fertilizer for the pasture.
Chair Riechel stated that a
written Pasture Management Plan addressing containment, rotation and
sanitation, and erosion control and runoff.
B. Spankroy asked if they have
surveyed the area where the pasture and barn are going to be.
L. Riechel stated that he would like to see a little more detail
regarding the cross-fence acreage relative to the property and area around the
two drainage areas.
A lengthy discussion was had
regarding fencing, drainage protection, pasture rotation, manure control,
setbacks, and the maximum number of horses.
Action
S. Hardeman made a motion to accept the Staff Report and Findings of
Facts with the correction of the total acreage of the property to reflect.
S. Hardeman seconded the motion. The
voting was unanimous and the motion carried.
4-Aye, 0-Nay, 1-Absenr/Excused.
The commissioners concurred on the following Conclusions of Law:
1.
The application complies with the Dunes City Zoning Ordinance that
requires a Conditional Use Permit to be obtained to permit animal husbandry in
a Dunes City Residential R-1 Zoning District.
2.
The application meets the definition of animal husbandry in the Dunes
City Zoning Ordinance; “the raising, tending, or breeding of horses for
domestic use.”
The commissioners discussed and concurred on the following
conditions of approval:
1.
Prior to approval or issuance of the Conditional Use permit, the
applicant is to submit a comprehensive pasture management plan that includes a
minimum of the following:
a.
A delineation of pasturage fencing, detailing the type of fence and
protection of grades and drainage ways.
b.
A description of the pasture rotation.
c.
A detailed description of manure control and removal
2.
The maximum number of horses to be contained at the property is ten
(10). Two horses per acre.
3.
The pasture fence is to be setback at least 20’ from Erhart Road.
4.
If a barn is constructed, a driveway permit will be required.
(Note in record, not a condition of approval)
Action:
S. Hardeman: “I would like to make the motion that we recommend to
the City Council that it approve the request of Gary & Lark Fisher, for a
Conditional Use Permit, because having considered the evidence presented by
those for the proposal as well as the evidence against the proposal, I find by
the weight of the evidence ‘for’ that the proposal should be approved”.
B. Spankroy seconded the motion. The
voting was unanimous, the motion carried.
4-Aye, 0-Nay, 1-Absent/Excused
VI. NEW
BUSINESS
None
VII. OLD
BUSINESS
A.
Dunes City CODE OF Ordinances
Revision - Update - Schedule Work-Session
A work-session
with Gary Darnielle of LCOG was set for May 6, 2002 at 6:00 p.m., to review
Dunes City Code and the process of making changes.
VIII.
ADJOURNMENT
L. Riechel closed the meeting at 8:22 p.m.
_______________________________
_______________________________
Chair, Lee
Riechel
Planning Secretary, J. Cerda
Absent/Excused_________________
________________________________
Don Puderbaugh
Dan Karnes
________________________________
Bryce
Spankroy
Steve Hardeman