1. Call
to Order
The regular meeting of the Dunes City Planning Commission was
called to order at
10:13 a.m.
by Planning Commission
Chairman Lee Riechel.
Present: Chairman Lee
Riechel, Commissioner Ken Platt, Commissioner David Bellemore, and
Commissioner
Sandy Jones
Commissioner Eggert Madsen and Commissioner Ron Shearer were not
present.
Others
Present:
City Recorder Amy Graham, Planning Secretary Lisa
Ekelund, Alan Montgomery, and Brandi Bell.
2.
Public Meeting
A.
Montgomery Subdivision
Chairman Riechel asked if there were any
ex-parte contacts
during the last week. He
stated he had contact with the Mayor.
He informed deliberations were not complete and they would
reconvene today to review any new information and to continue and review
the deliberations. He said in
no way did this discussion bias his opinion.
Additionally, the Chairman stated he, Commissioner Bellemore and
Lisa Ekelund met yesterday to go over notes to make sure there was
accurate information for this meeting.
Commissioner Bellemore said the Mayor called him on a personal
matter and the Mayor made a comment of his hopes for a decision.
Commissioner Jones said she had a message on her recorder
left by Mr. Norman Martin inquiring of the outcome of the last meeting.
She said she hadn't talked to him.
Chairman Riechel asked if anyone had conflicts of interest.
All Commissioners stated no.
Commissioner Riechel said they will continue with discussion
and explained what the end result would be such as passing the form of the
staff report and findings of fact. He
said the final result would be approval or disapproval.
Commissioner Bellemore wanted to verify the applicant had a
letter submitted by Roseanna Kirkpatrick which listed her concerns and
City Recorder Amy Graham said she handed the applicant a copy.
Chairman Riechel spoke of Ms. Kirkpatrick's letter stating
the cost and action of crime prevention was nearly zero and not much could
be done in this hearing regarding it.
He said the right to privacy is covered by the setback codes.
He said there were no known endangered species in this area and the
impact on wildlife is nothing the City could address until such is
discovered.
Commissioner Bellemore stated the issues are difficult to
address point by point as they are not part of specific codes.
Chairman Riechel stated in the future if the situation arises
it could be addressed.
Commissioner Bellemore suggested a system development charge
in the future to cover police protection and Chairman Riechel stated it
would need to take place as a code update.
Commissioner Bellemore said he had a couple of thoughts regarding
the findings of fact on page 4 of 16, compliance with ORS Chapter 92.
He read the response by the applicant's attorney.
He said he wasn’t up enough on the
Oregon
statues in relation to
municipal statutes. He had
staff call the attorney to ask if the applicant's attorney was right.
The City attorney said this applies to tentative plats as well as
finalized plats. He said he
believes the domestic water supply needs to be in place before the plat is
approved. His concern with the
community water system is the homeowners association is generally
responsible for looking after the water and that it may eventually become
a public one. He questions who
will be in charge down the road and if it will pass all State regulations.
Chairman Riechel said if the Commission wants to hold their
position, they would say this is a fatal law but at this time with the
position of trying to make this happen, there could be conditions set in
place. He said you can’t get
final approval until system is installed and you can’t install the
system until there is approval. He
said he is inclined to condition this to the benefit of the applicant.
Commissioner Jones asked if a person could get a final plat without
this in place.
Commissioner Bellemore and Chairman Riechel both answered
saying the State requires the source of water to be in place.
Commissioner Bellemore made a motion of a condition prior to
final plat approval provide documentation of approval by the appropriate
governmental entity that a water system is approved to be installed.
Commissioner Platt seconded the motion and after unanimous
vote of 3 to 0 the motion passed.
Chairman Riechel spoke of erosion control measures.
He said the applicant submitted an unreadable copy.
He said this should be updated on a larger scale.
Brandi Bell stated they would provide bigger copies and Alan
Montgomery said they would mail them.
Commissioner Bellemore said he would like to see the States
erosion plan. Chairman Riechel
asked if it’s a permit or a plan. Commissioner
Bellemore said it was a permit that needs to be accompanied by a plan.
Commissioner Bellemore asked if the applicant could provide
the full size plan. The
applicant said it was at home and then inquired how many copies were
needed. Five copies were
agreed upon.
Chairman Riechel said condition number 5 needs to be
rewritten as, "Provide 5 copies of the erosion control plan at scale
of 1:100 or larger plotted at full scale."
Commissioner Jones questioned condition number 6 regarding
the re-vegetation plan. Commissioner
Bellemore explained this is required by State and it’s required now for
tentative but is not possible at this moment in time.
He said this is why they are bringing it forward as a condition
prior to plat approval.
Commissioner Jones suggested the essence could be anything
not replanted needs to be done so with native plants.
Chairman Riechel corrected #6 to state prior to “final”
plat approval then stated corrections could be made to the entire document
resulting with one motion for its completion.
Chairman Riechel questioned #7 and Brandi Bell said she
submitted the excavation and grading permit through Joy Gipson.
Chairman Riechel asked Lisa Ekelund to find the document and #7
would be removed.
Commissioner Bellemore said he was concerned the City has an
interest in the private water supply because people call the City if there
are issues regardless of who runs it.
Chairman Riechel said the best thing to do would be to put it
in the CC&R and Commissioner Bellemore said it could be as simple as
the name of the authority.
Commissioner Platt suggested the president of the homeowners
association.
Chairman Riechel said the operator needs to be licensed and
it could change in time. He
said the CC&R shall specify Dunes City be kept current as to contact
information.
Brandi Bell asked if this is a condition to the final plat or
to the preliminary. The
Chairman said it would be preliminary with applicant as the primary
contact and change.
The Chairman said #9 will now be labeled #7.
Brandi Bell said the water permit is in place from the State.
Chairman Riechel said it was a permit for up to 28 homes.
He said once it’s used as a community system, the DEQ controls
how it’s used. The Permit
only covers the diversion.
Commissioner Bellemore said what the applicant has is a
permit to take water out of the lake.
He said there are a lot of different uses to the water and what the
Commission was discussing was the tanked water before the community drinks
it. He said there are
different sets of regulations for private water systems.
Brandi Bell asked if it is a requirement for the tentative
plan and Commissioner Bellemore said no, it’s for the final.
The Chairman began discussion of condition #8 to provide
final storm water design data prior to final plat approval which maintains
historical drainage flows. He
said when they design the road they will look at storm water containment
in the design for the road but nothing else.
Commissioner Bellemore said even the simplest developments
have storm water plans. He
said it doesn’t look like a challenging property and a plan is not
unreasonable especially with the wetland and the lake.
The Chairman said the major concern is erosion.
Commissioner Bellemore said erosion control is a separate
thing.
The Chairman said the only thing that really impacts this is
the amount of and the addition of impermeable areas.
He said it has to drain somewhere otherwise if there is a heavy
rain event it would get concentrated.
Reduction and treatment of flow would need to be addressed.
He said his concern is this only addresses the road.
Commissioner Jones said in terms of the storm water, it
should be addressed in respect to the road and as there is development, it
should be addressed at such time.
The Chairman said the City could require the design
information and storm water management design information for the road.
Commissioner Bellemore suggested merging this with #1 but
still feels there should be an ordinance for the entire property.
A separate motion would be made to amend the original motion which
was made prior.
Commissioner Jones said the condition that as motioned on
earlier only suggests the road and not the entire property.
Commissioner Bellemore said given what they were going for,
#8 becomes moot.
The Chairman suggested the conditions from the last meeting
be revisited for organization.
Commissioner Bellemore read his notes from the prior meeting
of conditions approved. He
discussed #1 and #2 as already being passed at the last meeting.
The Commissioners discussed the editing and organization of
the conditions.
Commissioner Bellemore discussed his concerns with the
underground springs and having a Hydrologist investigate it.
Brandi Bell expressed her views of the springs and that if
there was a spring, it would have showed up.
She said there was a soils report.
Commissioner Bellemore said the soils report doesn’t cover
water. He said a Hydrologist
would verify it.
Commissioner Jones said there is a lot of ground water in
Oregon
but there is a concern
if ….Brandi
Bell
interrupted saying test
hole pits would cover it. Commissioner
Jones answered Ms. Bell's comments with explanation.
Chairman Riechel said the whole area is relatively steep cut.
During the rains there hasn’t been any known complaints of
overflowing water but the question is still there regarding springs.
The Commissioners discussed the specific wording for
condition #2.
Commissioner Bellemore motioned to withdraw the prior motion
concerning the condition for providing an evaluation of lots 5, 8, and 9.
It was seconded by Commissioner Jones and after a unanimous vote of
3 to 0 it passed.
Chairman Riechel brought discussion of each condition in
order.
He said condition number one is unchanged and should state:
Provide a road layout to minimize the impact of tree loss and to include
formal/detailed storm water management.
He said condition number two should state:
A Hydrologist shall
investigate the property and provide an evaluation because of concerns
expressed in the letter from Gerald Reavis.
He said condition number three had already passed.
He said condition number four had not passed and it should
state: Provide a copy of the DEQ 1200-C Permit and Plan.
He said condition number five should state:
Provide 5 copies of the
erosion control plan at scale of 1:100 or larger plotted at full scale.
He said condition number six should state:
Prior to final plat
approval; provide a re-vegetation plan approved by City Council.
He said condition number seven should state:
State on the CC&R, the
name of a contact person with their address and phone number who is in
charge of the water system shall be provided to
Dunes
City
.
He said condition number eight had already passed.
He said condition number nine had already passed.
Commissioner Jones motioned to approve the conditions of
approval with #1, 2, 4, 5, 6, & 7 added to the previously passed
conditions. Commissioner Platt
seconded the motion and after unanimous vote of 3 to 0 it passed.
3.
Approval of Staff Report
Chairman
Riechel said there was a last minute letter of opposition from Roseanna
Kirkpatrick which needs to be added into public comment as a correction.
The
Chairman in the Staff report page 3 and 4, the erosion control plan is in
hand it just needs to be in readable form.
He said this should be deleted.
He said proof of substantiated assurance of the availability of
water to all proposed buildable lots, as required by DCC 155.4.3.11(B) and
ORS 92.090(4) should be removed. He
said access to
Clear Lake Road
document is deleted
because it’s been received. He
said a licensed engineer's documentation of the safety of all development
proposed on slopes in excess of 16 percent can come out, #5 was a
misunderstanding of the Planning Secretary, Joy Gipson and it should be
removed. He said #6 rather
than an impact study; it would be covered by the conditions of the area of
concern so it should be removed.
Commissioner
Jones said the statement that it might be beneficial to move the road
should be taken out. It was
discussed and the Commission decided the last 4 lines are removed.
The
Chairman suggested removal of section 6 and Commissioner Jones agreed with
removing it. The Chairman said
the staff report was not the place for recommendations.
He said it should be in the findings of facts.
Commissioner
Bellemore moved to accept the staff report of Montgomery View Estates (SUB
01-07) as amended. Commissioner
Platt seconded and Chairman Riechel asked if there was any further comment
to be made.
Commissioner
Jones said 1-4 text changes should read the Planning Commission recommends
approval of the subdivision application with conditions.
Commissioner
Bellemore said this is exactly how it would be done.
The
motion still stood to accept the staff report of Montgomery View Estates
(SUB 01-07) as amended and after unanimous vote with 3 in favor and 0
against it passed.
Commissioner
Bellemore motioned to approve the draft findings of fact as modified in
previous meeting and minutes of this meeting.
Commissioner Platt seconded and after unanimous vote of 3 to 0, it
passed.
Chairman
Riechel motioned that the application of Mr. Alan Montgomery for
Montgomery View Subdivision (SUB-01), tax lot 100, assessors map number
19-12-23-40 be recommended to the City Council for approval with the nine
numbered conditions because after review of the evidence supporting the
application as compared to the evidence supporting denial of the
application that the weight of the evidence for, outweighs the evidence
against.
Commissioner
Jones seconded the motion.
After
vote, 2 were in favor with 1 vote by Commissioner Bellemore declining.
The motioned passed.
4.
Roll Call
Chairman
Riechel stated Commissioner
Sandy Jones
, Commissioner Ken Platt, and Commissioner David
Bellemore were present. Commissioner
Eggert Madsen had an excused absence.
5.
Adjournment
Commissioner
Bellemore moved to adjourn the meeting and Commissioner Jones seconded.
After unanimous vote, the meeting adjourned at
12:24p.m.
Respectfully
Submitted,
Lisa Ekelund Planning
Secretary