Dunes
City Planning Commission
M
I N U T E S
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Regular Meeting – November 21, 2006 - 7:00 P.M.
City Hall - 82877
Spruce St.
Westlake, OR 97439
I.
CALL TO ORDER
Chair George Burke called the meeting to order at
7:02 p.m.
ROLL CALL
Present:
Chair George Burke; Commissioners, Dick Anderson,
Susie Navetta, Ron Shearer, David Bellemore; Planning
Secretary, Teri Tinker, Office Assistant, Sue Scott,
City Attorney, Gary Darnielle, and 27 citizens in the audience.
II.
APPROVAL OF MINUTES
ACTION:
Dick Anderson made a motion to approve the
October 26, 2006
minutes. Susie Navetta
seconded the motion. There
were 5 ayes,
0 nays. Motion carried.
III. ANNOUNCEMENTS
A.
Montgomery Sub-Division won't be heard tonight.
IV. CORRESPONDENCE
- None
V.
OLD BUSINESS
1. Final Plat - Minor
Partition off Cloud Nine Road, CDS Properties
LLC
- MP 02-06
Tinker reviewed the final
plat, each of the conditions and how they could be met.
ACTION:
Ron Shearer made a motion to forward the final plat to the City
Council for approval. David
Bellemore seconded the motion. There
were 5 ayes, 0 nays. Motion
carried.
2.
Final Plat - Sunset Cove PUD off Clear Lake Road, Ward Northwest
Inc. - PUD 02-05
Rob Ward went over each of
the conditions of the final plat and addressed each condition and how they could be met.
Cynthia
Chandler requested a letter of and illegal action be placed
into the record.
George Burke said this is not a public hearing and
couldn’t entertain comments from the audience.
Navetta
and Bellemore both comment they haven't had time to read the
Final plat as they were just given to them today.
Burke said that the reviewing of the final plat at the Planning
Commission meeting is not
a requirement, and the City Council has
asked the Planning Commission to review the final plats before
going to City Council.
Gary Darnielle recommended
changing the requirements in Ordinance 182 for PUD's that final plats to
go before the Planning Commission.
ACTION:
Ron Shearer made a motion to recommend Final Plat approval to City
Council. Dick Anderson
seconded the motion. There
were 3 ayes, 2 Nays. (Navetta and Bellemore).
VI. PUBLIC
HEARINGS
1. Subdivision - Clear
Water Cove Subdivision off
Cloud Nine Road
CDS
Properties LLC-SUB 02-06.
George
Burke opened the Public Hearing at
7:35 p.m.
Burke
read the hearing procedure notifying the public of their rights.
Burke
asked the Planning Commission to declare any conflicts of
interest.
There were none. Burke
asked the Commission if there were any ex-parte contacts.
There were none.
Tinker presented the staff
report and the findings of fact and recommends approval to go to City
Council.
Dick Anderson asked who
pays for the utility light. Tinker
responds that
Dunes
City
will pay for the light.
Burke asks
applicant(s) if
they wish to summarize.
Dan Scarberry,
5042 Ford Way
, Dave Davis,
83000 Jensen Lane
, and Rick Cox,
Rick Cox said they a
sensitive to the publics concerns.
Dick Anderson asked if
there was lake access for lots 1, 2, 6 & 5.
Scaberry said there was no
lake access and no easement.
Burke asked if anyone
wanted to speak in support of the proposal.
NONE
Burke asked if anyone want
to speak in opposition to the application.
Cynthia Chandler,
4934 Lake Shore Drive
,
Florence
OR
97439
Chandler
said this is a well thought out plant and she supports it.
Burke
noted that her remark was in support of the plan.
Burke
closed the public hearing at
7:55 p.m.
Deliberation:
Navetta commented that
it's time they got their water from Dunes City.
David Bellemore said this
is a good plat.
ACTION:
Anderson
made a motion to approve the Minor Partition, CDS
Properties LLC - MP 02-06 with 16 conditions (See Exhibit).
Navetta seconded the
motion. There were 5 ayes, 0
nays. Motion carried.
2. PUD - The Woods
of Little Woahink, Phase III.
Burke notified the audience of
their legal rights. Burke
explained
how testimony would be taken and the hearing procedure.
Burke asked if the Commissioners had any actual or potential
conflicts of interest. There
were none. Burke asked if any
Commissioner had ex parte contact.
Burke asked if anyone had
been on a site review. Navetta
stated she had visited the project
but there was no discussion that took place at the site.
Darnielle said Chair or staff need to identify approval criteria.
Tinker gave the staff report and read the findings of facts
addressing
all the conditions.
Burke asked if there were any questions?
Anderson
said he's not quite sure were they are going to take the
Water from.
Tinker said from
Woahink
Lake
and shows how it is accessed
through an existing easement.
Burke asked applicants to summarize the proposal.
Mike Farthing, Attorney,
767 Willamette
St
,
Eugene
,
OR
,
Shane Hughes and
Dan Morris,
EGR, 2535B
Prairie Rd
,
Eugene
,
OR
ACTION:
Navetta made a motion to extend the meeting past
9:00 p.m.
Bellemore seconded the motion.
There were 5 ayes, 0 nays.
Motion carried.
Burke asked if anyone
wanted to testify in support of the application.
NONE
Burke
asked if anyone want to speak in opposition to the application.
Christine May, 5445 Little Woahink Drive
May
said she would like to submit a letter into the record (Exhibit B)
in opposition of the proposed Little Woahink PUD and
recommend
the Planning Commission deny the applicants request for creation of
a
27
Lot PUD and also denial of zone change to add a PUD suffix to
residential zoning district parcel 19-12-11-40 Tax lot 100.
Greg Barnes,
05425 Canary Road
,
Florence
,
OR
97439
Barnes said he assumed
that EG&R geologists have wandered 100
yards up Canary past the
post sub-division to take a close look at the
cross section of the soil
types existing in this area. Barnes
said there
has been one slide after
another and if you start building on steep slopes, this invites problems.
Barnes said the PUD
basically drains North to South, with the highest density of the
population at the south end near the lake.
Barnes said he doesn't understand why the City is going to all this
trouble to change the code in the zone, so the City can suffer the
consequences. Barnes said the
water quality will suffer and taking more water from the lake will effect
the residence who have wells, potentially to satisfy the needs of these
new people.
Barnes wanted to know
who's going to maintain the grease and oil traps?
Who pays for that? Who's
going to maintain the sediment collection points, as they need to be
dumped out.
Barnes said right now
there is chocolate brown water coming straight down the 12 inch culvert
dumping right into Little Woahink and if anyone would take the time to
walk out there you would see silt 4 feet deep.
Burke
called for a recess at
9:10 p.m
The
Public Hearing resumed at
9:35 p.m.
John
Stead,
83505 South Cove Way
,
Florence
,
OR
.
Stead
addressed his concerns regarding the Little Woahink PUD.
(Exhibit
C). Stead commented that when
a property owner has a
problem
they will come after the city. Stead
also stated that he
was
unaware of a public notice in the Siuslaw News for the
November 21, 2006
meeting.
Tinker said, for the
record, the meeting was noticed on
November 15, 2006
.
Ralph
Farnsworth, 83837 Hwy. 101,
P.O. Box 2647
,
Florence
,
OR
97439
Farnsworth
read his concerns regarding the opposition to
Little
Woahink (Exhibit D).
Cynthia
Chandler,
4934 Lakeshore Drive
,
Florence
,
OR
Chandler
read her list of 5 issues and questions regarding this
Development
and application for this PUD (Exhibit E).
Burke
stated that at this time applicant has the right to rebuttal.
Mike
Farthing requested a continuance to be able to provide detailed
Response
to all the issues addressed. Farthing
said they will have
all the
material to us by
December 13, 2006
, that would address all
the
issues that have been raised.
Farthing
stated he could address some issues now as part of our
supplemental
responses and introduced Shane Hughes.
Shane
Hughes, EGR and Associates, 2535B
Prairie Road
,
Eugene
Hughes
said they don’t necessarily communicate well when submitting
the
application and the process they go through to define what makes a
good
project. Hughes said they need to define what the critical
perimeters
of the project are and work around them.
Hughes discusses
the
Dunes
City
onsite waste water systems and
Lane
County
's
standards
for protecting water quality. Hughes
indicated that the
clustering
of this project provides a minimizing of the impact of the
riparian
area along the shore providing a means of stepping back septic
systems
further from the lake, providing longer travel time,
absorption
of phosphorous, and a number of other things.
Hughes
gave some examples of what DEQ would not require and
Then
discussed what they have proposed and put into their
recommendations
are the steps that maximize the protections of
Water
quality. Hughes discussed
using the Advantex AX 20 systems,
the
advantages of this type of system and how it will be substantially
more
protective then the minimum standards that DEQ requires.
Hughes
said that's all he has and he's here to answer any questions.
Chandler
asked about the septic systems with the steepness of the
Slopes and the
permeability of the soil will the surface water just shoot down through
those drainfields?
Chandler
asked if EGR created a
Storm
Water Management Plan with the idea that they are putting
surface
water into drinking water.
Hughes
asked if the chair would like him to address those questions.
Burke
said yes.
Hughes
repeats chandlers questions and answers no, the water will not
shoot
toward a potential drinking water source through the highly
permeably
soil.
Chandler
asks what stops it.
Hughes
discusses what they've have learned over the years and DEQ
regulations,
types of soil and use of different types of drainfields,
disposal
trenches, and how the process works, water treatment
systems
and how they work.
Chandler
asks about designing a system for drinking water.
Hughes
asks if the chair would like him to address the question.
Burke
said yes.
Hughes
discussed septic system overview and how clean the water is
after
going through the systems.
Chandler
said I was referring to the storm water plan and the filtering
Systems
and if the plans EGR promotes are safe for drinking water.
Hughes
defers to Mike Farthing.
Farthing
states the Storm Water Treatment Plan is state of the art and
explains
the process of oil breakdown and why we are now seeing
surface
treatment systems showing up in the Best Management
Practices manuals that are
out there. Farthing said the
Stored Water treatment Plan that is proposed is similar to the Best
Management Practices based on Portland Design Manual.
Farthing said we do the best we can with Best Management practices.
Dan
Omstead, EGR and Associates, 2535B
Prairie Road
,
Eugene
Omstead
addressed maintenance of the grease and oil traps and
that maintenance is contained in the CC&R's. Omstead discussed
concerns regarding erosion and Little Woahink and the applicants
established erosion measures. Omstead
goes over the Best
Management
practices and answers the numerous questions presented
by the audience regarding storm water and wanting higher standards.
Peter Mohr,
One SW Columbia St., Suite 110
,
Portland
,
OR
Mohr
presented information regarding water rights and
analysis regarding storage water rights and a brief synopsis's
of what is going on in the lake.
There was numerous questions,
scenarios
and discussions regarding the right to pull water from the
lake, availability of water supply, permits, easements, and private
or
semi-private ownership brought up by members of the Planning
Commission and audience that were addressed by Mohr.
Continuance will be at the Planning Commission on
December 28, 2006
.
VII. UNSCHEDULED
BUSINESS - None
VIII. ADJOURNMENT
Burke adjourned the meeting at
11:02 p.m.
________________________________
__________________________________
George Burke, Chairperson
Teri
Tinker, Planning Secretary
________________________________
__________________________________
Richard Anderson, Planning
Commission David
Bellemore, Planning Commission
________________________________
__________________________________
Susie
Navetta, Planning
Commission
Ron Shearer, Planning Commission