Dunes
City Planning Commission
M
I N U T E S
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Regular Meeting – March 22, 2007 - 7:00 P.M.
City Hall - 82877
Spruce St.
Westlake, OR 97439
COMMISSIONERS PRESENT:
George Burke, Chairperson; Richard Anderson, Darlene Beckman, Lee
Riechel, Ron Shearer, Bill Tizzard
COMMISSIONERS ABSENT: None.
STAFF PRESENT: Hilary
Dearborn
1. CALL
TO ORDER
Chairperson George Burke called the meeting of the Dunes City
Planning Commission to order at 7:00 p.m.
He stated that there were no announcements or correspondence to
consider and determined there were no requests to change the Agenda.
II.
NEW BUSINESS
A.
Expedited Land Use Division
Chairperson Burke announced that the Commission would consider
ELD-01-07, an application submitted by Andy Johnson and Jack Butler to
partition Tax Lot 19-12-23-10-911 into two parcels of approximately 1.8
and 1.9 acres. He noted that
Commissioners had received copies of the application and all relevant
material.
Planner Hilary Dearborn referred to the Staff Report regarding the
application. She said the
application was the first to be considered since a recently adopted
ordinance made it eligible to be considered under its “Expedited Land
Division” provisions. She reviewed criteria for such eligibility.
Ms. Dearborn explained that the Commission action would not involve
a Public Hearing, but that any one who would appeal the decision of the
Planning Commission was required to have submitted written comments within
a 14-day period that ended on March 22.
She said no responses had been received from the public notice of
the action or from any of the nearby residents who had been notified of
it, as required.
Ms. Dearborn reviewed the findings regarding the application in the
Staff Report – replatting issues, requirements of the Residential
District, lot size, and design standards.
Commissioner Riechel noted that “City Council” should be
replaced with “Planning Commission” in numerous places in the Staff
Report.
Ms. Dearborn reviewed noted that the Staff Report showed that the
site map submitted with the application need to add property topography
(elevations, slopes, stormwater drainage, and wetland locations).
Commissioners discussed requirements for indication, delineation,
determination, and dimension identification of wetlands.
Ms. Dearborn continued to review issues raised by Findings
regarding the application – need for a tree location map, limitations to
property photographs provided, only five of six available water rights
secured, frontage requirements, design standards, driveway standards,
landscape conservation requirements, parking requirements, road
improvements, access easements, sanitary septic system requirements,
stormwater drainage, surface mounted utility facilities, public utility
easements, soil conditions, and solar access.
She said staff recommended conditional approval of the application.
Commissioners discussed the Findings of the Staff Report and
proposed Final Order.
Andy Johnson, 5696 Mercer Lake Road, stated that he was
co-applicant for the property division.
He provided evidence that he said showed the wetlands identified to
be “delineated,” not “determined.”
Ms. Dearborn requested that a copy of the material displayed be
supplied for the application.
Mr. Johnson reviewed the proposed Conditions of Approval and
appeared to be in agreement with them, explaining how most were being
addressed. He said confusion
about identification of the location of the stormwater easement would be
better addressed at the time of application for building permits.
He explained that water right concerns would be easily resolved.
Chairperson Burke determined that there were no others present
wishing to testify regarding the application.
Chairperson Burke asked Commissioners to announce ex
parte contacts or conflicts of interest regarding the
application. He said he had been on the site in connection with a previous
partition application, but had not discussed the application.
Commissioner Riechel added that he had visited the site in
anticipation of Planning Commission considering the application.
Commissioner Dick Anderson said he did not fully understand the
issue related to water rights raised in the Staff Report.
Commissioner Riechel said he preferred having a tree inventory,
versus a tree map, of protected shore land area.
He said the area homeowners association in the area had investment
in enforcing regulations about lake setbacks.
Chairperson Burke reported that a tree inventory of the entire
shore of Lake Woahink had begun under the auspices of the City Council
Conservation Committee.
Commissioners discussed issues related to the tree inventory
condition at length.
Commissioner Riechel
moved, seconded by Commissioner Darlene Beckman, to add a requirement to
provide a tree map of the riparian setback area as a Condition of Approval
for ELD-01-07. The motion was
adopted unanimously, 5:0.
Commissioner Bill Tizzard moved, seconded by Commissioner Riechel,
to approve the Staff Report for ELD-01-07.
The motion was adopted unanimously, 5:0.
Commissioner Riechel proposed that a Condition of approval for the
application be added that a note be placed on the required Plat Map
stating that site review was required before a building permit was issued,
as stated in the Dunes City Code.
Ms. Dearborn reviewed proposed Conditions of Approval, as revised
in Council discussion:
Condition One: About indicating slope on map
Condition Two:
Delineation of Wetlands
Condition Three:
Eliminated
Condition Four:
Location of trees and lake
Condition Five:
Tree map of riparian area
Condition Six:
Deleted
Condition Seven:
Surface mounted utilities
Condition Eight:
Water right
Condition Nine:
Site review requirement note.
Commissioner Bill
Tizzard moved, seconded by
Commissioner Lee Riechel, to accept the Findings of Fact and Conditions of
Approval, as revised, for ELD-01-07. The
motion was adopted unanimously, 6:0.
Commissioner Bill Tizzard moved, seconded by Commissioner Lee
Riechel, to approve the Expedited Land Division application of ELD-01-07,
with Conditions of Approval, as stipulated.
The motion was adopted unanimously, 6:0.
III.
OTHER BUSINESS
Commissioner Riechel said he was concerned that a discrepancy
between setback requirements for riparian areas and wetlands and their use
of high water lines would create significant development problems for
Dunes City. Commissioners discussed the issue, emphasizing the
significance of controlling water rights and lake water levels in the
matter. There appeared to be
agreement that the concern should be addressed at a later meeting of the
Commission.
Chairperson Burke referred to material relating to an erosion
control matter to be considered at the next meeting of the Planning
Commission. He said he
believed members should become well versed in the issues involved and that
more exactitude was required in the applicable ordinance.
Councilors discussed progress being made in the replacement of City
staff.
The meeting adjourned at 10:20 p.m.
________________________________
__________________________________
George Burke, Chairperson
Planning Secretary
________________________________
__________________________________
Richard Anderson, Planning Commission
William Tizzard, Planning Commission
________________________________
__________________________________
Lee Riechel, Planning Commission
Ron Shearer, Planning
Commission
__________________________________
Darlene Beckman, Planning Commission
(Recorded
by Dan Lindstrom)